When oligarchs go shopping…

CP 20 juillet 2016_EN

“IT IS a worldwide trend. From Turkey and Russia to China and India, new media empires are emerging, usually with governmental blessing. Their owners comply with capitalist laws of supply and demand and the need for technological development. But, at the same time, they take strict control of news coverage or replace journalistic content with entertainment.”

In its latest report, “When Oligarchs Go Shopping,” Reporters Without Borders (Reporters Sans Frontieres) looks at this curious, dangerous phenomenon. Excerpts from the report follow:

IMAGINE a world in which the mass media were the exclusive property of a handful of people, all business tycoons. Many people think that world has already arrived. Businessmen of every kind have been seized by the disturbing desire to buy up large numbers of major newspapers, TV channels and radio stations around the globe. No country, no continent – neither India, China, the United States nor Europe – seems to escape the appetite of these new oligarchs for media acquisitions.

Their latest feats include Jack Ma’s purchase of the South China Morning Post, one of the last champions of the free press in Hong Kong, a newspaper that did not hesitate to criticize the government in Beijing. Ma is the owner of the Chinese e-commerce giant Alibaba.

Where will these new media owners stop? Their ambition often matches their financial resources, which are limitless. In a recent book, Indian historian Nalin Mehta said his country, “the world’s biggest democracy,” has around 800 TV channels but all those that provide news coverage are owned by shadowy billionaires – including real estate barons, politicians and captains of industry – and that some of these channels are used to blackmail, promote personal interests and even launder money. “There is a coup underway in India,” writer and journalist Manu Joseph says. “Some people who are inconvenienced by democracy have taken over nearly all the country’s television news channels.”

Some of these billionaire businessmen boast of being able to make and unmake governments. Others enter into alliances with governments, offering them mass media support in return for economic favours. In all cases, their financial power combined with their control of media flagships gives them almost limitless influence, one far removed from the journalistic principles that their employees sometimes try to defend.

The victims of such unholy alliances include Turkey’s leading media, which are subjected to censorship that is much more insidious and sophisticated than the government’s usual repressive methods, censorship in which the oligarchs are accomplices.

“While the world is focused on the issue of jailed journalists in Turkey — almost all of whom are Kurds — the kiss of death to our profession has been bestowed by owners who consciously destroy editorial independence, fire journalists who voice scepticism and dissent and block investigative reporting3,” Yavuz Baydar wrote in 2013, while ombudsman of the daily Sabah after holding the same position with Milliyet.

Along with dozens of other journalists, he was fired for being too critical of the Erdogan government, which did not need to intervene because the media owners anticipated its wishes.

These new media oligarchs have prospered under Prime Minister and now President Erdogan, who anointed them and to whom they have remained loyal. “The problem is simple: one need only follow the money,” Baydar says. As in so many other countries, the leading media in Turkey have wound up in the pockets of businessmen active in such strategic sectors as telecommunications, banking and public works, a sector described by Baydar as a “fertile ground for carrot-and-stick policies.”

Media owners who support government policy can count on being rewarded with state contracts, licences, advertising and even tax concessions. The critical ones are silenced slowly and quietly. President Erdogan’s current “best friends” include such oligarchs as Ferit F. ?ahenk, the head of the very powerful Dogus Group (which controls NTV), Turgay Ciner, an energy sector billionaire who owns Haberturk TV and the Haberturk newspaper, and Yildirim Demirören, the CEO of an oil, gas, tourism and public works conglomerate who bought the prestigious big-circulation daily Milliyet in 2012.

Other media outlets have been bought up by pro-government oligarchs with disastrous consequences for media freedom. “Editorial content is strictly controlled by media bosses who have other business interests and are submissive to the government,” said Baydar. “With, or more often without, any direct government intervention, they impose self-censorship on a daily basis and silence colleagues who defend basic journalistic ethics.”

Furious with the way Milliyet “grovelled” before the government after it was taken over, the newspaper’s star columnist, Hasan Cemal, stormed out in 2013. The same year, thousands of Turks took to the street in protest against the government’s growing authoritarianism.

Dubbed “Occupy Gezi” after the Istanbul park that became its symbol, the protest movement held the international media spellbound for several weeks until forcibly crushed by the police. While all this was unfolding, Turkey’s leading TV channels contented themselves with broadcasting animal documentaries or debates on completely unrelated subjects. Their owners must have had other things on their minds.

Read RSF’s latest report “When Oligarchs Go Shopping” here.

Know your rights: Search operations

* Inilathala ng Free Legal Assistance Group (FLAG)
* Isinalin sa Filipino ng Philippine Center for Investigative Journalism (PCIJ)

PCIJ. Search Ops Know Your Rights 1

KAPAG ANG BAHAY O OPISINA MO AY HINALUGHOG O NA-SEARCH:
When your house or office is searched

ANO ANG DAPAT GAWIN?
What should you do?

* Ang bahay o opisina mo ay hindi pwedeng ma-raid o mahalughog kung walang search warrant na pirmado ng isang hukom o judge. Kung may valid search warrant, maari lang kunin ng search party ang mga bagay na partikular na nakalista sa search warrant, liban na lang kung pumayag ka, at mga bagay o kontrabando na hayag na nakita. Gayunman, kung ikaw ay inaresto, ikaw at ang kinalalagyan mo (immediate surroundings) ay maari ring halughugin para sa mga deadly weapon o anumang ebidensiya na may sangkot ka sa krimen na dahilan ng iyong pagka-aresto, at ang mga ito ay maaring kunin o masamsam ng search party.

* Your house or office cannot be searched without a warrant duly issued by a judge. When a valid search warrant is issued, the searching party can only seize those things that are particularly described in the search warrant, unless you consent, or the articles are contraband in plain view. However, if you are arrested, your person and immediate surroundings may be searched for dangerous weapons and evidence that you committed the crime for which you are being arrested; any evidence, which may be found on your person or immediate vicinity can be seized.

PCIJ. Search Ops. Know Your Rights 2
VALID ANG SEARCH WARRANT KUNG:
* A search warrant is valid if:

– Ito ay pinag-utos ng isang judge;
– Isang kasalanan lamang ang nakalista rito;
– Partikular na nakasaad ang eksaktong lokasyon o address ng lugar na dapat i-search at malinaw na nakalista ang mga bagay na dapat makuha o masamsam;
– Ito ay ginamit sa loob ng sampung araw matapos mapirmahan ng judge.

– It is ordered by a judge;
– It specifies one offense only;
– It describes with particularity the exact location and/or address of the place to be searched and lists down exactly what things are to be seized;
– It is used within ten days from issuance.

Dapat ay sa araw i-serve ang isang search warrant. Pero kung nakasaad sa mga salaysay o affidavit na sumusuporta sa search warrant na ang bagay na gustong masamsam ay personal na dala ng tao o nasa lugar na hahalughugin, maaring i-serve o gamitin ang search warrant ng mga otoridad anumang oras ng araw o gabi kung ito’s nakasulat sa warrant.

* A search warrant must be served during the daytime, unless the affidavits supporting it asserts that the property is on the person or in the place ordered to de searched, in which case the warrant must specifically direct that it can be served at any time of the day or night.

Kung hindi valid ang warrant, ang search at seizure operation ay iligal at labag sa batas. Anumang ebidensiya ang makuha sa isang iligal na search ay hindi pwedeng gamitin sa anumang kaso o paglilitis. Maari kang tumanggi ng mahinahon nang walang nilalabag na batas sa isang iligal na search at seizure operation. Maari ka ring magsampa ng kasong criminal, civil o disciplinary action laban sa mga otoridad na nagsagawa ng search gamit ang isang hindi valid na warrant.

* If the warrant is invalid, the search and seizure is unlawful. Any evidence obtained as a result of an unlawful search and seizure cannot be used as evidence in any proceeding. You may peacefully refuse, without liability, an unlawful search and seizure. You may also file criminal, civil, or disciplinary action cases against the officer serving an unlawful warrant.

Kung walang search warrant, huwag magboluntaryong sumailalim sa isang search. Agad na tumutol. Huwag pumayag na ma-search ngunit huwag din tumannggi sa paraang pisikal at marahas. Ang isang warrantless search na walang malinaw, pauna, at boluntaryong pagpayag mo ay iligal.

* When there is no search warrant, do not voluntarily submit yourself to a search. Object immediately. Do not agree to be searched but do not physically resist. A warrantless search without your express, prior, and voluntary consent is illegal.

PCIJ. Search Ops. Know Your Rights 3

HABANG MAY SEARCH OPERATION:
DURING A SEARCH:

Bago pumayag na ma-search ang iyong bahay o opisina, hingin at basahin ang search warrant. Masusing suriin ito at alamin kung:

– Nakasulat dito anmg iyong address;
– Nakalarawan dito ang partikular na bahay na dapat ma-search;
– Pirmado ito ng isang sibilyan na judge;
– Nakalista dito ang isa lamang offense or paglabag sa batas;
– Ginamit ito sa loob ng sampung araw matapos ma-issue ng judge.

* Before allowing your house or office to be searched, ask for and read the search warrant. Examine it carefully to see if it:

– states your address;
– describes the house to be seized with particularity;
– is signed by a civilian judge;
– specifies only one offense;
– is being used within 10 days from its issuance.

Kumonsulta agad-agad sa iyong abogado (sa pamamagitan ng telepono o text) at ipaalam sa kanya na may search na magaganap na sa iyong bahay o opisina.

* Contact your lawyer by the most expedient means (telephone, text message) and inform him/her that your home or office is about to be searched.

Matapos magbigay ng kaukulang notice ukol sa dahilan ng search at magpakita ng balidong warrant, maaring sirain ng search party ang anumang outlet o pintuan o bintana upang mag-search operation, kapag tumanggi ang maybahay o opisina na sila ay papasukin.

The search party has the right to break any outlet or inner door or window to effect the search if the search party is refused admittance to the place of the search after giving notice of the purpose and authority for the search.

Kung balido ang warrant, saka lamang maari mong payagan ang search operation. Pagkapasok sa iyong bahay o opisina ng search party, hingin mo ang kanilang mga pangalan, rank, at opisina at yunit na kanilang kinabibilangan. Kunin din ang pangalan at rank ng kanilang commanding officer.

* If it is a valid warrant, only then should you allow the search to be conducted. Upon letting the search party enter your premises, ask for their names, rank, and the office or unit to which they belong. Get the name and rank of the commanding officer.

PCIJ. Search Ops.Know Your Rights 4

Habang may search operation, subaybayan ang search team sa lahat ng pagkakataon. Ito ay upang makaiwas sa posibildad na magtanim ang search party ng anumang dokumento, armas, o ibang bagay sa iyong bahay o opisina.

* During the search, accompany the group conducting the search at all times. This lessens the possibility of their planting documents, weapons, or other materials in your home or office.

TANDAAN: Ang search party ay pwede lang magsagawa ng search operation sa harap ng ligal na occupant o miyembro ng pamilya na nakatira o may-ari ng bahay o opisina. Kung wala ang mga ito habang may search operation, ang search ay dapat maganap sa harap ng dalawang witness na may sapat na edad at kamulatan at nakatira sa lokalidad. Ibig sabihin, walang aumang kuwarto, cabinet, sulok o bahagi ng bahay o opisina ang pwedeng ma-search kung wala ang dalawang witness na ito.

REMEMBER: The search party is allowed to conduct the search only in the presence of the lawful occupant or any member of his/her family. If no occupant or family member is present, the search must be conducted in the presence of two witnesses of sufficient age and discretion who reside in the locality. This means that every room, compartment, section or portion of the place cannot be searched unless the above witnesses are present.

Kung may nakuha o nasamsam sa iyong bahay o opisina, ang police officer na kukuha ng mga ito ay dapat bigyan ka ng detalyadong resibo. Bago mo pirmahan at tanggapin ang resibo:

(a) Basahin at suriin ito ng mabuti pang masiguro na tumpak ang pagkalista, pagsalarawan at bilang ng mga ito;

(b) Kung may espasyong blanko sa resibo na maaring gamitin ng mga tiwaling pulis para dagdagan ng mga bagay na hindi naman nakuha sa iyong bahay o opisina, sabihan ang police officer na sulatan ng linya ang espasyong blanko.

(c) Pilitin na bigyan ka ng kopya ng resibo; kapag pumayag ang search team,, siguruhing eksakto at tumpak ang kopya na ibinigay ng tulad sa orihinal na resibo;

(d) Kung mayroong bagay sa resibo na tila “incriminating”, sabihan ang search party na mayroon kang karapatan na sumangguni sa iyong abogado at karapatang huwag magbigay ng pahayag, at ayaw mong pirmahan ang resibo hangga’t hindi mo nakakausap ang iyong abogado.

* If anything is taken from your home or office, the officer seizing the property must give you a detailed receipt. Before signing the receipt:

(a) Go over it carefully to ensure its accuracy in designation, description, and quantity;

(b) If there are blank spaces that might be used by unscrupulous police officers to “add” items that were not actually found during the search, ask the officer to place a line across the blank space;

(c) Insist that you be given a copy of the receipt, if they agree, make sure that the copy accurately reflects the original;’

(d) if there is anything in the receipt that tends or appears to be incriminating, tell the searching party you are invoking your right to a lawyer and to remain silent and that you refuse to sign anything without talking to your lawyer first.

PCIJ. Search Ops Know Your Rights 6

Maaring humiling ang search party na pumirma ka sa isang katibayan na naging maayos ang search operation. Kung taliwas ang nangyari, huwag pumirma,. Ipahayag ang iyong pagtutol. Gayunman, basahing mabuti ang kasulatan at sabihan ang police officer na nais mong kumonsulta muna sa iyong abogado.

* You may be asked to sign an affidavit of orderly search. If the search was not conducted in an orderly manner, do not sign the affidavit. Instead, register your objection. In any case, read it very carefully and tell the police officers you want to consult your lawyer before you sign anything.

Know your rights: Search operations

* Inilathala ng Free Legal Assistance Group (FLAG)
* Isinalin sa Filipino ng Philippine Center for Investigative Journalism (PCIJ)

PCIJ. Search Ops Know Your Rights 1

KAPAG ANG BAHAY O OPISINA MO AY HINALUGHOG O NA-SEARCH:
When your house or office is searched

ANO ANG DAPAT GAWIN?
What should you do?

* Ang bahay o opisina mo ay hindi pwedeng ma-raid o mahalughog kung walang search warrant na pirmado ng isang hukom o judge. Kung may valid search warrant, maari lang kunin ng search party ang mga bagay na partikular na nakalista sa search warrant, liban na lang kung pumayag ka, at mga bagay o kontrabando na hayag na nakita. Gayunman, kung ikaw ay inaresto, ikaw at ang kinalalagyan mo (immediate surroundings) ay maari ring halughugin para sa mga deadly weapon o anumang ebidensiya na may sangkot ka sa krimen na dahilan ng iyong pagka-aresto, at ang mga ito ay maaring kunin o masamsam ng search party.

* Your house or office cannot be searched without a warrant duly issued by a judge. When a valid search warrant is issued, the searching party can only seize those things that are particularly described in the search warrant, unless you consent, or the articles are contraband in plain view. However, if you are arrested, your person and immediate surroundings may be searched for dangerous weapons and evidence that you committed the crime for which you are being arrested; any evidence, which may be found on your person or immediate vicinity can be seized.

PCIJ. Search Ops. Know Your Rights 2
VALID ANG SEARCH WARRANT KUNG:
* A search warrant is valid if:

– Ito ay pinag-utos ng isang judge;
– Isang kasalanan lamang ang nakalista rito;
– Partikular na nakasaad ang eksaktong lokasyon o address ng lugar na dapat i-search at malinaw na nakalista ang mga bagay na dapat makuha o masamsam;
– Ito ay ginamit sa loob ng sampung araw matapos mapirmahan ng judge.

– It is ordered by a judge;
– It specifies one offense only;
– It describes with particularity the exact location and/or address of the place to be searched and lists down exactly what things are to be seized;
– It is used within ten days from issuance.

Dapat ay sa araw i-serve ang isang search warrant. Pero kung nakasaad sa mga salaysay o affidavit na sumusuporta sa search warrant na ang bagay na gustong masamsam ay personal na dala ng tao o nasa lugar na hahalughugin, maaring i-serve o gamitin ang search warrant ng mga otoridad anumang oras ng araw o gabi kung ito’s nakasulat sa warrant.

* A search warrant must be served during the daytime, unless the affidavits supporting it asserts that the property is on the person or in the place ordered to de searched, in which case the warrant must specifically direct that it can be served at any time of the day or night.

Kung hindi valid ang warrant, ang search at seizure operation ay iligal at labag sa batas. Anumang ebidensiya ang makuha sa isang iligal na search ay hindi pwedeng gamitin sa anumang kaso o paglilitis. Maari kang tumanggi ng mahinahon nang walang nilalabag na batas sa isang iligal na search at seizure operation. Maari ka ring magsampa ng kasong criminal, civil o disciplinary action laban sa mga otoridad na nagsagawa ng search gamit ang isang hindi valid na warrant.

* If the warrant is invalid, the search and seizure is unlawful. Any evidence obtained as a result of an unlawful search and seizure cannot be used as evidence in any proceeding. You may peacefully refuse, without liability, an unlawful search and seizure. You may also file criminal, civil, or disciplinary action cases against the officer serving an unlawful warrant.

Kung walang search warrant, huwag magboluntaryong sumailalim sa isang search. Agad na tumutol. Huwag pumayag na ma-search ngunit huwag din tumannggi sa paraang pisikal at marahas. Ang isang warrantless search na walang malinaw, pauna, at boluntaryong pagpayag mo ay iligal.

* When there is no search warrant, do not voluntarily submit yourself to a search. Object immediately. Do not agree to be searched but do not physically resist. A warrantless search without your express, prior, and voluntary consent is illegal.

PCIJ. Search Ops. Know Your Rights 3

HABANG MAY SEARCH OPERATION:
DURING A SEARCH:

Bago pumayag na ma-search ang iyong bahay o opisina, hingin at basahin ang search warrant. Masusing suriin ito at alamin kung:

– Nakasulat dito anmg iyong address;
– Nakalarawan dito ang partikular na bahay na dapat ma-search;
– Pirmado ito ng isang sibilyan na judge;
– Nakalista dito ang isa lamang offense or paglabag sa batas;
– Ginamit ito sa loob ng sampung araw matapos ma-issue ng judge.

* Before allowing your house or office to be searched, ask for and read the search warrant. Examine it carefully to see if it:

– states your address;
– describes the house to be seized with particularity;
– is signed by a civilian judge;
– specifies only one offense;
– is being used within 10 days from its issuance.

Kumonsulta agad-agad sa iyong abogado (sa pamamagitan ng telepono o text) at ipaalam sa kanya na may search na magaganap na sa iyong bahay o opisina.

* Contact your lawyer by the most expedient means (telephone, text message) and inform him/her that your home or office is about to be searched.

Matapos magbigay ng kaukulang notice ukol sa dahilan ng search at magpakita ng balidong warrant, maaring sirain ng search party ang anumang outlet o pintuan o bintana upang mag-search operation, kapag tumanggi ang maybahay o opisina na sila ay papasukin.

The search party has the right to break any outlet or inner door or window to effect the search if the search party is refused admittance to the place of the search after giving notice of the purpose and authority for the search.

Kung balido ang warrant, saka lamang maari mong payagan ang search operation. Pagkapasok sa iyong bahay o opisina ng search party, hingin mo ang kanilang mga pangalan, rank, at opisina at yunit na kanilang kinabibilangan. Kunin din ang pangalan at rank ng kanilang commanding officer.

* If it is a valid warrant, only then should you allow the search to be conducted. Upon letting the search party enter your premises, ask for their names, rank, and the office or unit to which they belong. Get the name and rank of the commanding officer.

PCIJ. Search Ops.Know Your Rights 4

Habang may search operation, subaybayan ang search team sa lahat ng pagkakataon. Ito ay upang makaiwas sa posibildad na magtanim ang search party ng anumang dokumento, armas, o ibang bagay sa iyong bahay o opisina.

* During the search, accompany the group conducting the search at all times. This lessens the possibility of their planting documents, weapons, or other materials in your home or office.

TANDAAN: Ang search party ay pwede lang magsagawa ng search operation sa harap ng ligal na occupant o miyembro ng pamilya na nakatira o may-ari ng bahay o opisina. Kung wala ang mga ito habang may search operation, ang search ay dapat maganap sa harap ng dalawang witness na may sapat na edad at kamulatan at nakatira sa lokalidad. Ibig sabihin, walang aumang kuwarto, cabinet, sulok o bahagi ng bahay o opisina ang pwedeng ma-search kung wala ang dalawang witness na ito.

REMEMBER: The search party is allowed to conduct the search only in the presence of the lawful occupant or any member of his/her family. If no occupant or family member is present, the search must be conducted in the presence of two witnesses of sufficient age and discretion who reside in the locality. This means that every room, compartment, section or portion of the place cannot be searched unless the above witnesses are present.

Kung may nakuha o nasamsam sa iyong bahay o opisina, ang police officer na kukuha ng mga ito ay dapat bigyan ka ng detalyadong resibo. Bago mo pirmahan at tanggapin ang resibo:

(a) Basahin at suriin ito ng mabuti pang masiguro na tumpak ang pagkalista, pagsalarawan at bilang ng mga ito;

(b) Kung may espasyong blanko sa resibo na maaring gamitin ng mga tiwaling pulis para dagdagan ng mga bagay na hindi naman nakuha sa iyong bahay o opisina, sabihan ang police officer na sulatan ng linya ang espasyong blanko.

(c) Pilitin na bigyan ka ng kopya ng resibo; kapag pumayag ang search team,, siguruhing eksakto at tumpak ang kopya na ibinigay ng tulad sa orihinal na resibo;

(d) Kung mayroong bagay sa resibo na tila “incriminating”, sabihan ang search party na mayroon kang karapatan na sumangguni sa iyong abogado at karapatang huwag magbigay ng pahayag, at ayaw mong pirmahan ang resibo hangga’t hindi mo nakakausap ang iyong abogado.

* If anything is taken from your home or office, the officer seizing the property must give you a detailed receipt. Before signing the receipt:

(a) Go over it carefully to ensure its accuracy in designation, description, and quantity;

(b) If there are blank spaces that might be used by unscrupulous police officers to “add” items that were not actually found during the search, ask the officer to place a line across the blank space;

(c) Insist that you be given a copy of the receipt, if they agree, make sure that the copy accurately reflects the original;’

(d) if there is anything in the receipt that tends or appears to be incriminating, tell the searching party you are invoking your right to a lawyer and to remain silent and that you refuse to sign anything without talking to your lawyer first.

PCIJ. Search Ops Know Your Rights 6

Maaring humiling ang search party na pumirma ka sa isang katibayan na naging maayos ang search operation. Kung taliwas ang nangyari, huwag pumirma,. Ipahayag ang iyong pagtutol. Gayunman, basahing mabuti ang kasulatan at sabihan ang police officer na nais mong kumonsulta muna sa iyong abogado.

* You may be asked to sign an affidavit of orderly search. If the search was not conducted in an orderly manner, do not sign the affidavit. Instead, register your objection. In any case, read it very carefully and tell the police officers you want to consult your lawyer before you sign anything.

PNP stats: 135 killed, 1,844 arrested in 2 weeks of Duterte war on drugs

By the Philippine Center for Investigative Journalism

PCIJ. Killed, July 1-13, 2016

BY OFFICIAL POLICE DATA, from July 1 to 13 this year, the Duterte administration’s war on crime has already chalked up big, if macabre, numbers: 135 persons killed or about 10 persons a day on average, and 1,844 arrested or about 141 persons a day on average.

In two weeks’ time, the campaign has also nudged the “surrender” of 60,393 alleged drug users and 5,914 alleged drug pushers, apart from 43,026 houses “visited” by local and village officials to target and flush out suspects, according to official police reports obtained by the PCIJ.

But the PNP data show a curious ratio: Only one “drug pusher” for every 10 “drug users” have been located or compelled to surrender to the authorities in the last fortnight.

In contrast to the big numbers of those killed, arrested, or have “surrendered,” the police also reported only pithy volumes and values of illegal drugs seized in the operation — sachets and kilos of shabu, a sprinkling of marijuana, and just one tablet of the designer drug “Ecstasy.”

The total amount of the seizure is listed at “146,345 by estimated DDB value,” which presumably translates to P146.3 million. The PNP report, however, does not show a peso sign; neither does it state if the amount is in the thousands of pesos or some other currency.

PCIJ asked the PNP to clarify the matter but the officers contacted could not give any explanation as of posting time.

Shabu, by the latest published estimates of the DDB, could fetch at least a million pesos a kilo.

Interviewed by the PCIJ and GMANewsTV’s Investigative Documentaries staff, PNP’s chief, Director General Ronald ‘Bato’ M. dela Rosa, said ‘Oplan Double Barrel’ is the Duterte administration’s blueprint for its war on drugs.

PCIJ asked for a copy of whatever PNP document has been issued clarifying the goals, scope, guidelines, and protocols for the implementation of the anti-drug war but did not get any from dela Rosa.

Instead, the PNP head said that President Rodrigo R. Duterte would issue shortly an executive order creating an inter-agency committee that will take charge of the police, legal, social, health, and other myriad aspects of the war on drugs.

Dela Rosa added that the PNP’s Internal Affairs Service has also started to investigate complaints of alleged abuses by the police and other officials in specific operations that had led to the death of some alleged drug users and pushers.

For now, dela Rosa said ‘Oplan Double Barrel’ is “the big picture” in the anti-drug war. It supposedly involves unleashing “the upper barrel” – ‘Oplan HVT’ — to snare “high-value” and supply-side targets; and “the lower barrel” or ‘Oplan Tokhang,’ to flush out “low-value” and demand-side targets.

‘Tokhang’ is a combination of Visayan words “toktok” or to knock, and “hangyo” or to plead or request. ‘Tokhang’ was first launched in Davao City in 2012 under then Mayor Rodrigo R. Duterte.

Local government units have adopted the campaign, but some have infused it with their own branding. The Quezon City government calls its campaign ‘Oplan Kapak,’ or short for “katok” and “pakiusap.” In Tanuan, Batangas, the mayor has required alleged drug users and pushers to take their “walk of shame” across the city, with posters declaring “Drug Addict Ako: Huwag Pamarisan (I am a Drug Addict. Don’t Follow my Example)” either hanging from their necks or taped to their clothes.

‘Accomplishments’

As of July 13, 2016, reports of the National Operations Center (NOC) of the Philippine National Police (PNP) showed these “accomplishments” of the new administration’s two-week-old war on drugs.

• 135 suspects killed, including two PNP members;
• 1,843 arrested, including 1,836 civilians, 6 foreign nationals, and 1 “government/elected official”; and
• 4,016 “surrendered”, including 4,011 civilians, 3 “government/elected officials”, 1 policeman, and 1 security guard.

Of the country’s 18 regions, no killings have been reported as of July 13 in only seven regions: the Autonomous Region in Muslim Mindanao, Western Visayas, Cagayan Valley, Zamboanga Peninsula, Mimaropa, Eastern Visayas, Northern Mindanao, and Negros Island Region.

In the 11 other regions, however, the PNP reports showed that the bodies of alleged drug pushers have shown up in alarming numbers, notably:

• 55 killed in Central Luzon;
• 44 in Metro Manila;
• 17 in Calabarzon;
• 6 in Ilocos Region;
• 5 in Soccsksargen;
• 3 in the Bicol Region;
• 2 in Central Visayas;
• 1 in the Cordillera Administrative Region;
• 1 in the Caraga Region; and
• 1 in the Davao Region.

‘Hostile’ and ‘killed’

Media reports have quoted police authorities as saying that the drug suspects ended up dead because they resisted arrest or fought back – “nanlaban.” Two PNP reports on Oplan Tokhang in fact show a match between the figure of those killed and that of drug pushers who were “hostile” or had denied they were involved in the illegal trade.

Interestingly, the NOC report on its “Monitoring on Project Tokhang,” show “hostile” drug pushers in only four areas: Metro Manila, Ilocos Region, Mimaropa, and Cordillera.

But according to another NOC report, “Monitoring on the Anti-Illegal Drugs Accomplishment,” which covers Oplan Tokhang during the same period, the fatalities are spread across 10 areas – which even excludes Mimaropa, which had the highest number of “hostile” drug suspects (124).

Metro Manila, which had only seven drug suspects listed as “hostile” in one report ended up with 44 fatalities under Oplan Tokhang in the other document. Central Luzon and Calabarzon also had no “hostile” drug suspects listed in the “Monitoring on Project Tokhang” report, yet according to the other NOC tally, they had the second and third highest number of dead respectively under the same police operation.

Alleged drug pushers

In any case, the PNP says that Project Tokhang has snared 5,914 “drug pushers” from July 1 to 13, including:

• 5,693 listed under the category of “voluntary surrender”;
• 86 under the category of “surrender of drugs”; and
• 135 under the category of “hostile/denial.”

In the meantime, a “surrenderees” tally of 4,016 is enrolled in “Monitoring on the Anti-Illegal Drugs Accomplishment.”

But the supplementary “Monitoring on Project Tokhang,” which draws the participation of local government units and barangay councils, showed much bigger numbers of “surrenderees.”

In this second report, the NOC said that from July 1 to 13, 2016, a total of 60,393 “drug users” have been located in the 18 regions of the country, but only 5,914 “drug pushers.”

The numbers indicate that only one “drug pusher” for every 10 “drug users” have been covered by Project Tokhang in the first two weeks of the government’s war on drugs.

In addition, the report said that as of last July 13, a total of 43,026 houses have been “visited” as part of Project Tokhang.

Alleged drug users

The 60,393 “drug users” who have been located or identified across the country in the last two weeks, included:

• 2,903 in areas covered by the National Capital Region Police Command (Metro Manila);
• 1,348, Police Regional Office 1 (Ilocos Region);
• 416, PRO 2 (Cagayan Valley);
• 6,650, PRO 3 (Central Luzon);
• 1,075 PRO 4A (Calabarzon);
• 391, PRO 4B (Mimaropa);
• 1,553, PRO 5 (Bicol Region);
• 307, PRO 6 (Western Visayas);
• 4,472, PRO 7 (Central Visayas);
• 962, PRO 8 (Eastern Visayas);
• 5,869, PRO 9 (Zamboanga Peninsula);
• 20,061, PRO 10 (Northern Mindanao);
• 4,801, PRO11 (Davao Region);
• 338, PRO 12 (Soccsksargen);
• 5,700, PRO 13 (Caraga);
• 921, PRO-Cordillera (Cordillera Administrative Region);
• 153, PRO-Autonomous Region in Muslim Mindanao; and
• 2,473, PRO 18 (Negros Island Region).

Houses ‘visited’

The 43,026 “houses visited” under Project Tokhang consisted of big numbers for certain areas:

• 7,663 houses in Zamboanga Peninsula;
• 5,939 in Northern Mindanao;
• 4,672 in Central Luzon;
• 4,233 in Metro Manila;
• 4,077 in Caraga;
• 2,971 in Central Visayas;
• 2,249 in Calabarzon; and
• 2,227 in Eastern Visayas.

In contrast, fewer houses have been “visited” in these regions from July 1 to 13, 2016:

• 1,712 houses in Bicol Region;
• 1,704 in Ilocos Region;
• 1,530 in Davao Region;
• 1,239 in the Cordillera Administrative Region;
• 668 in Mimaropa; 541 in Negros Island Region;
• 474 in Western Visayas;
• 442 in Cagayan Valley;
• 416 in Soccsksargen; and
• 269 in ARMM.

Drugs seized

Finally, as part of the “results of operation” of its war on drugs, the various PNP regional offices reported the seizure or surrender of relatively small volumes of illegal drugs during the same period. These included:

• 2,906 sachets of shabu or methamphetamine hydrochloride;
• 230 kilos of shabu;
• 1,094 grams of shabu;
• 26 packs of shabu;
• 57 sachets of marijuana;
• 42 marijuana leaves;
• 33 marijuana rolls;
• 10 marijuana plants; and
• 1 Ecstasy tablet.

The PNP report put the “estimated DDB value” of this cache of seized illegal drugs at only “146.345.

All the PNP regional offices reported that they had seized sachets of shabu, which is also known as the accessible drug of choice of the less affluent.

Yet the 230 kilos of shabu listed in the report were apparently confiscated from only two operations conducted in Metro Manila (50 kilos) and in Cagayan Valley (180 kilos).

The seizure of the single tablet of Ecstasy — “the drug of choice of the rich” — was credited to the PNP regional office in Calabarzon. — PCIJ, July 14, 2016

President Duterte’s war on crime: A nuclear explosion of violence

By Atty. Jose Manuel ‘Chel’ I. Diokno
National Chairman, Free Legal Assistance Group
Trustee, Philippine Center for Investigative Journalism

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PRESIDENT DUTERTE’S war on crime has spawned a nuclear explosion of violence that is spiraling out of control and creating a nation without judges, without law, and without reason.

Do we really want to give the man with the gun the power to judge who are criminals and to kill them?

To decide who is bad and who is good, who deserves to live and who deserves to die? We might as well disband our courts, dissolve the Department of Justice, and abolish Congress. For there really is no need for law when the barrel of the gun dispenses justice.

The bandwagon that the President has created is a bandwagon of hate – a mob mentality that not only condones but encourages the taking of lives “because they deserve it.”

Yes, drug pushers destroy lives. Yes, criminals behave like animals. But are those who kill them any better? And will the killing stop there?

Our people have seen what a mob can do in the hands of a tyrant who knows no law but his own. Lest we forget, the first person that Marcos executed was a drug pusher. But did he stop there? By the time he was ousted, he was responsible for killing thousands upon thousands of people whose only fault was their belief in justice, the rule of law, and human rights.

President Duterte, do not kill in my name. That is not your mandate, that is not what you were elected for. Yes, go after the drug cartels and criminal syndicates, the corrupt, the criminals among us. But do it as an officer of the law you have sworn to uphold as a lawyer and a President. — July 8, 2016