Friday, January 27, 2023

KILL, KILL, KILL Extrajudicial Killings Under Duterte Government; Crimes Against Humanity vs. Duterte et. al at ICC (Part 3)

Author's Notes: This part is being revised and widened to include other instances of EJKs to include cases like the Payatas Massacre, among others. I am still putting it down to present the entire Chapter 1 of my book. I will continue by tomorrow to put on my blog the next chapter of my book.

THE UGLY FACE OF WAR ON DRUGS

ALTHOUGH the war on drugs unofficially started even before Rodrigo Duterte took over as president, the ugly face of the anti-drug war immediately surfaced. For the first two years of his presidency, a big percentage of the Philippine National Police, as an institution, focused solely on the implementation of the Project Double Barrel and its twin components: Oplan Tokhang and Oplan High Value Targets.  It was estimated that about 85% of the total PNP total force in Metro Manila alone worked on this anti-drug project on the first six months of Duterte’s incumbency.

According to the white paper, the “unlawful order” to pursue the war against drugs through summary executions of drug users, pushers, and wholesalers was delegated by Duterte to PNP chief Gen. Ronald dela Rosa. The unlawful order cascaded to Police Regional Officers (PROs), Police Provincial Offices (PPOs), City Police Offices (CPOs), Municipal Police Offices (MPOs), and Police Community Precincts (PCPs). The white paper alleged Metro Manila police officials were “blindly obeying” the unlawful order but said the obedience could be due to several motivations. It said:

“For the Regional Directors, there are motivations for taking part in EJK, both linked with fear that they would be relieved from their positions. First, these positions provide them opportunities to earn money and fast cash through sources of illegal gambling. Second, these positions give them access to a percentage of the Monthly Operating Expenses (MOE) budget regularly released to them. These two motivations are those of Police Regional Commanders, who are due to retire in two years’ time. 

“For Police Officers from the middle to the lower ranks, (Police Chief Inspector to Police Inspector), the motivation to go along with EJK is anchored on: first, the fear to be relieved of one’s post; and second, careerism.”

The white paper clarified that not all police officers agreed with Duterte’s anti-drug war. Although the police officers have yet to show palpable indications of any semblance of opposition to the war on drugs, it said:

“Most PNP officers and personnel reject the killing of drug users. However, they overwhelmingly approve the eradication of drug pushers thru EJKs. Regarding long-term performance, police officers, who are deeply involved in EJK operations would be surely sloppy on criminal investigation.”

The white paper also denied any killing by vigilante groups, saying: “Killing by vigilante forces is definitely non-existent. It is PNP operatives riding in tandem, who carry out EJK. Although there are several thugs who are police assets used for EJK operations, these thugs serve as collectors, informants, or auxiliaries, and are provided with budgetary funds to defray their expenses. They cannot be classified as vigilantes.”

***

NARRATIVES OF EJKS

The stories about the spate of summary executions do not seem to end easily. Press reports keep on flowing daily about a number of extrajudicial killings (EJKs), necessitating independent countercheck to verify their authenticity and truth. Hence, independent confirmations have to be pursued through talks with families of victims. This author talked to at least four mothers, whose sons – and even grandsons - were slain by police officers in the name of war on drugs. Three mothers – Sara Celis, Brenda Victorio, and Elena Gonzales - came from the depressed communities in the Bagong Silang district in the North Caloocan City, while one mother – Natividad Castillo – came from the Manila’s workingmen’s district of Tondo.  The four mothers have given their stories for inclusion in the crimes against humanity charges against Duterte and his minions before the ICC. They coursed them through their lawyer Edwin Fernandez, who belongs to an NGO that deals with the EJKs.28 

SARA CELIS NARRATIVE. Sara Celis, a mother in her 60s, has an interesting story. She lost two sons in a span of six months to summary executions. The first to fall was older son, Almol, who was shot dead by unidentified police officers on February 6, 2017.  Almol, a blue collar worker who painted houses, went to the wake of a friend, a compadre, in another area not far from the Celis’s house, where he and his family lived too. By that time, many people in the community noticed the presence of a multitude of police officers, who milled in the wake’s area called “Itaas” because it is situated in an elevated portion. When Almol reached the wake, a commotion suddenly occurred. Police officers chased an unidentified person. Alarmed by the commotion, Almol was said to have raised instinctively his hands, but police officers shot him for no apparent reason, according to mother Sara Celis. Almol suffered four gunshot wounds; one on the head and three on his breast.  Police took him to hospital but he perished. Celis claimed Almol did not use drugs. He left a wife and five children. Sara Celis claimed she is now forced to support her grandchildren. Almol was the family breadwinner.

Sara claimed that when Almol was brought to the hospital, four police officers were there asking questions about his son. Her informants, whom she knew, noticed that they seemed to know beforehand his son was to be brought there. Sara claimed certain police officers asked her to name a “Joey Cadena,” a notorious underworld character in Caloocan City, as the assailant, who shot and killed her son. Five months after his son’s death, police killed Joey Cadena in an alleged shootout. Because he was dead, his son’s case died too. There was no follow-up investigation. Police officers, who were allegedly involved in his son’s death, went scot free.

Six months later, it was the turn of her younger son Dickie to fall. He was alighting from a tricycle after buying food from the market, when several police officers surrounded and took him for a purported routine check at the police station. “Hihiramin lang namin ang anak mo (We’ll borrow your son),” a police officer told the mother. Dickie was killed inside the police station, according to Sara Celis, citing witnesses, who were jailed at the station. She could not say if her son was user or pusher although she knew her place teemed with users and pushers.

Police officers brought Dickie in a police vehicle to the station. “Nilagyan ng pulis ng itim na tela sa ulo si Dickie at saka dinala sa presinto (Police put a black cloth on Dickie’s head and then, he was brought to the station), Dickie’s sister said.” Worried after her son did not go home, Sara Celis first went to the barangay hall by midnight and then to the police station but to no avail. By 4 am, she received a message from her daughter that Dickie was dead.

Sara said her residence area was often subject to casing by unidentified police officers from Bagong Silang Phase One Police Station. They were not in uniform, although they were known in the barangay. “Dati takot ako,ngayon hindi. Paano mabibigyan ng hustisya ang mga pinatay kung takot ka rin? (Before, I was afraid but not now. How the victims would be given justice if I am afraid too)?” she said rhetorically. The separate deaths of her two sons were never carried by traditional media although she is in possession of the police reports and death certificates, copies of which she showed during the interview.

BRENDA VICTORIO NARRATIVE. Brenda Victorio admitted that her son was a smalltime drug dealer. On October 9, 2016, an unidentified police officer, who knew his son’s involvement in illegal drug trade In the North Caloocan City, asked him to give him sachets of shabu worth P200. The police officer asked him to bring the sachets in the Northern Caloocan City Hall because it was supposed to be used as “planted evidence” on an Oplan Tokhang victim. His son Roderick Nulud agreed to the request but not without tagging along Roderick’s son, Raymond John, 19. On that day, Victorio received a text message asking her to go to Zapote Road, a street near the City Hall. She saw her son and grandson both dead. Witnesses narrated they saw motorcycle-riding men chasing Roderick and Raymond John. They were shot dead. “Parang shooting sa pelikula (It was like shooting scenes in a movie)” they said. Their murder happened in broad daylight.

According to Victorio, she never denied that her son was a drug pusher. He was jobless and occasionally worked as a jeep barker to earn a living. As a jeep barker, he mingled with fellow drug users and pushers. Because the income was good, he focused on being a pusher. The sachets of shabu worth P200 was to be used as planted evidence on a pusher “to make it appear he was big time” indeed, but it led to his own murder. Victorio said. They could not do anything because his son was involved in drug trade. They tried to go to Mayor Oscar Malapitan to ask for whatever help he could provide, but the mayor took distance from them. It was true that local officials do not help the families of the EJK victims. SOCO operatives told them to claim from a certain funeral parlor the bodies of his son and grandson. Victorio said she was surprised when its manager asked P50,000 for the two bodies. The amount covered the expenses for the coffins and funeral services, the manager told her. It took them two weeks to raise P50,000 to claim their bodies.

According to Victorio, her son was twice arrested for drug pushing. Each time he was arrested, police asked P20,000 for his freedom. His son had an employer in the drug trade and it explained his release. His employer was allegedly a resident in the district of Tala. Because his son resided in her house and her house was used for drug pushing, Brenda was earlier arrested. Police asked P50,000 to set her free, but because she haggled, she was set free after she gave P7,000.  His grandson was in school and he was not engaged in drug pushing. The other grandson is married and his wife has an uncle, who was one of the alleged killers of his son.

ELENA GONZALES NARRATIVE. Elena Gonzales readily admitted that his son Lemond Gonzales was a drug user. A group of police officers forcibly entered their house on June 21, 2017. They asked all household members to go out of the house and walk to the nearest store in the corner, while pretending they were about to arrest Lemond. Hardly a few steps outside the house, they heard four consecutive gunshots. The incident happened in their house in Phase 2 of Bagong Silang district. The police officers did not arrest Lemond but shot him inside the toilet, where he was defecating at the time of their arrival. She said Lemond was suffering from a stomach ailment at that time.

Gonzales said there was no investigation. Nothing followed after the incident. She went to police to inquire and follow up any official investigation, but she was given alibis. She said she was resigned that police would not move to solve the issue. She said she could not expect justice from the Duterte government.

NATIVIDAD CASTILLO NARRATIVE. Her son Aldrin Castillo was gunned down  at the corner of Herbosa and Yangco Streets in Tondo on October 2, 2017. Castillo, a welder, visited her married sister, who lived in the area, to install the air conditioning unit in her house in Tondo and bid her goodbye because he was about to leave and work as an overseas Filipino contract worker (OFW).  Because it was early evening, Aldrin Castillo did not leave immediately after his visit to his sister. They were raised by their parents in that area and he knew many friends and acquaintances there. Aldrin was talking to friends at the intersection, when several police mobile cars roved at that time. Finally, he was caught surprised when a motorcycle-rising tandem materialized from nowhere and shot him four times – two on the chest and one each on his cheek and neck. He died instantly. Aldrin did not use drugs, but appeared to be a random victim of violence in pursuit of the police objective to bring dead bodies before the altar of the war on drugs.

News about his murder spread quickly. His mother, Natividad Castillo, who was in Caloocan City, rushed to the scene when she received several text messages informing her of Aldrin’s fate. ‘Halos mabaliw ako sa nangyari dahil sa nangyari sa anak. Mabuti na lang nahawakan ko ang kamay niya bago siya alisin sa kalsada (I almost got mad at what happened to my son. It was good thing I was able to hold his hand before his body was removed from the street.),” Natividad said. She said she noticed that the CCTV camera although functioning at the time of her son’s assassination was turned away to a different direction to record something else. There was hardly any police investigation and, according to her, she and her husband felt helpless because they could not turn to any agency to seek justice.

From the summary execution of her son, Natividad Castillo metamorphosed to become a street activist. Although she did not finish high school, she has learned numerous things to become knowledgeable of the burning issues of the day. ‘I did not care in the past. I was happy to eat three meals a day and be with friends,” she said. Her son’s death opened new vistas for her to explore. In 2018, she spoke before a human rights forum in The Hague and she narrated her son’s murder to prove Duterte was bent to kill people with impunity. She is now a volunteer of the Rise Up for Life and for Rights, a Church-based non-profit group supporting and organizing the victims of extrajudicial killings (EJK) and their families. She helps in conducting house-to-house visits and talking to the families, scheduling meetings, and doing other things she can do for the organization. She is also involved in the counseling of the families of EJK victims.

‘QUOTA SYSTEM’. The four mothers unanimously expressed the belief that police officers had quotas to kill because the EJKs became rampant, indiscriminate, and at random to include innocent persons. Moreover, they believed too that the antidrug campaign has become difficult to control. Duterte, through dela Rosa and other PNP officials, could have set a specific number of victims to force police officers to kill and meet the specified number. “This eventually points to the quota system,” according to Natividad Castillo, whose son was an EJK victim. Any failure to meet the quota was being frown upon and it was not good for the reputation of the police officers.

There was also the “palit ulo” (change head) scheme. Police would force a suspect of drug trade to identify users and pushers in a certain barangay. If he refuses, he would be killed and be counted as among the EJK victims. But if he cooperates and pointed another guy, police would spare his life but kill the other guy. This was a scheme that worked so well in many operations. They were included in the pieces of information, which several parties have submitted separately to the International Criminal Court in the crimes against humanity charges against Duterte and his cohorts.     

***

GLOBAL DIMENSION OF DRUG TRADE

Discussions of illegal drug trade would not be complete without mention of its global dimension. While globalization has triggered freer trade and better communications among interdependent trading countries, its dark side has loomed, as shown by the rise of illicit drug trade over the last four or five decades, encompassing the four main stages of economic activity – cultivation, production, transshipment and distribution to various points of consumption. Their cultivation, production, and transport have transcended national boundaries, becoming a multi-billion dollar industry. Drug syndicates are ever present in every continent except Antartica. Estimates vary on its magnitude. From a low of US$500 billion to a high of almost a trillion US dollars. Drug syndicates have formed multinational alliances to ensure free flow of illegal drugs.

Illegal drugs like cocaine are cultivated and produced in the South American forests in countries like Colombia and Venezuela. Methamphetamine, or “shabu” are produced in laboratories in China, Myanmar, Indonesia, the Philippines, among others. Marijuana leaves are grown and processed in the forests in Myanmar, Thailand, Central Asia, and South America. Opium and its derivatives like heroin are grown and produced in the “Golden Crescent,” or the mountainous peripheries of Afghanistan and Pakistan, and “Golden Triangle,” or the overlapping mountain areas in Laos, Thailand, and Myanmar. West Africa is also pinpointed as another source of illegal substances. An intricate web of couriers, and illegal traders transport them, using every conceivable means of transshipment including mules, or human carriers.

Drug trafficking is the most problematic aspect of illicit drug trade. Most countries have adopted strong anti-drug policies to stop illegal drugs from entering their boundaries. These nations have involved their police and military forces to seize illegal drugs. Violence is usual result of clashes between illegal drug traders and law enforcers. Deaths and injuries for either side are the common occurrence of the drug trade. Smuggling is usual recourse for the forcible entry of the illegal drug substances. Many countries have come out with multilateral accords to stop drug trade. The first pact is the Single Convention on Narcotic Drugs, which was approved in 1961; second, Convention on Psychotropic Drugs, in 1971; and third, United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, in 1988. Experts have described these multilateral agreements as “marginal” to stop illicit drug trade.

The use of illegal drugs took a high profile mainly as a countercultural reaction to the political ferment of the 1960s and 1970s. At first, the consumption level was largely recreational, but emerging drug syndicates took the demand seriously, triggering regional and, later, global trade. The emerging consumption pattern has caused the rise of drug syndicates, which catered to the needs of a new class of users, or addicts. Demand for illegal drugs has been described as inelastic mainly because of the addictive property of most illegal substances. The classic law of demand and supply does not seem to apply. Drug prices have no consequences for users. Their main preoccupation is their availability in the market.

A noteworthy quality that distinguishes drug trade from other industries is that drugs are illegal. Most countries have made their cultivation, production, distribution, and consumption a criminal activity, which is punishable under their laws. Hence, an underground market exists to cater to their users. The risk of imprisonment has made expensive illegal drugs in the market. Drug syndicates have to avoid detection. In most cases, they have to bribe the law enforcers to turn a blind eye on their illegal activity. By rule of the thumb, illegal drugs, upon reaching their market destinations, are priced at least 300% of their original priced.

Illegal drug trade have grown by leaps and bounds over the last four or five decades. Although its magnitude is difficult to discern because of its illegal nature, its estimated annual value of at least US$500 billion, which is on the low side, is comparable to the Switzerland’s economy. It has an estimated 200 million users worldwide, representing 3% of the world population.

UNIVERSAL LEGALIZATION. Amid the chaos and violence emanating from illicit drug trade, scholars have proposed its universal legalization, which is essentially revolutionary in a sense. Matthew Jenner, in a published paper, said: “Every week, hundreds of people are murdered in incidents directly related to trafficking. While several global efforts to end the drug trafficking problem have occurred, they have yielded only marginal success. Still, forty years later, one strategy has yet to be fully tested: universal legalization. Although counterintuitive at first glance, legalization could provide a successful framework for destabilizing the global market and solving the drug trafficking problem”

Jenner argued that the globalization of the world economy has likewise fostered underground market for arms trade and human trafficking for prostitution and slavery. But the illicit drug trade has created the network that could reach US$500 in its net worth. Jenner said: “The most efficient way to affect the global market is to legalize drugs, as prohibition acts as a catalyst in building up the market. It attracts criminals, incentivizes violence, and makes the drug trade one of the most profitable industries in the world. Universal legalization would reverse these trends. It would take the profits out of the industry and put a stop to violent trafficking, possibly ending the drug trade as we know it.”

Jenner continued: “The concept of legalization entails legalizing every aspect of the drug trade, from production to consumption, worldwide. The immediate benefit of legalization would be a reduction in the violence associated with the drug trafficking aspect of the trade. Prohibition creates the opportunity for self-help violence in the drug trade by driving the market underground. Legalization would create a legitimate market for drugs, allowing conflicts to be settled in courts of law and attracting commendable market players rather than criminals, much like what happened after the prohibition of alcohol ended in the United States in the 1930s.”

 

FOOTNOTES

1.       For purposes of discussions in this book, illegal drugs refer largely to the most popular illegal drugs in the Philippines: methamphetamine, meth or “shabu” and marijuana. The third illegal drug, Ecstasy tablet, or Methylenedioxymethamphetamine (MDMA), has gained acceptance and popularity. Meth is an upper drug that is called the “poor man’s cocaine.” They are normally sold in sachets by illegal street vendors or pushers. Ecstasy is mainly a party pill. Read: https://www.cfr.org/interview/human-rights-and-dutertes-war-drugs.

2.      Rodrigo Duterte of PDP–Laban Party garnered 16,6 million votes, or 39% of the 42.6 million voters who cast their ballots. He won over Mar Roxas of Liberal Party (nearly 10 million votes, or 23.5%); Grace Poe, independent (9,1 million votes, or 21.4%); and Jejomar Binay, United Nationalist Alliance (     5,4 million votes, or 12.7%) Shortly after he won the presidency, Duterte, the bragadoccio, was quoted as saying in one of his public address: "Forget the laws on human rights. If I make it to the presidential palace, I will do just what I did as mayor. You drug pushers, hold-up men and do-nothings, you better go out. Because I'd kill you," he said at his final campaign rally. "I'll dump all of you into Manila Bay, and fatten all the fish there."

3.      The war on drugs is nothing but a war on the poor. Read: https://theglobalobservatory.org/2016/08/philippines-duterte-drugs-extrajudicial-killing-tokhang/. An equally engaging reading: https://www.cfr.org/interview/human-rights-and-dutertes-war-drugs

4.      Read: https://www.icc-cpi.int/Pages/item.aspx?name=210614-prosecutor-statement-philippines. This link will help: https://www.economist.com/asia/2016/09/15/the-human-toll-of-the-philippines-war-on-drugs

5.      The complete text of Duterte’s inaugural address : https://www.officialgazette.gov.ph/2016/06/30/inaugural-address-of-president-rodrigo-roa-duterte-june-30-2016/

6.      ICJ’s letter to Duterte in full: https://www.icj.org/philippines-icj-sends-letter-to-president-dutertre-expressing-concern-over-wave-of-killings/

7.      The Philippine government adopted this recommendation, but it came quite belatedly in 2020. It involved a sample of 52 cases. The Human Rights Watch, in its 2021 Report, said: ‘The Department of Justice, which announced, in June 2020, the creation of a panel that would review deaths in the “drug war” attributed to police officers, said, in September 2021, that it was now investigating 52 cases involving 154 police officers implicated in questionable killings. This followed its admission before the UN Human Rights Council, in February, that officers failed to follow protocols during these operations. In many cases, police made no effort to examine allegedly recovered weapons, verify ownership, or conduct ballistic examinations. In most of the cases the Department of Justice reviewed, police also failed to follow standard protocols in the coordination of drug raids and in the processing of crime scene evidence.” Read: https://www.hrw.org/sites/default/files/media_2022/01/World%20Report%202022%20web%20pdf_0.pdf

8.      Read: https://www.aljazeera.com/news/2016/8/8/rodrigo-duterte-i-dont-care-about-human-rights

9.      Read: https://cnnphilippines.com/news/2016/08/07/duterte-names-narcopoliticians-judges.html

10.  https://www.icj.org/wp-content/uploads/2016/08/Philippines-EJK-debate-Advocacy-Analysis-Brief-2016-ENG.pdf

11.   https://www.justice.gov/eoir/page/file/1145101/download; Also read: Duterte need to be stopped on his drug war: https://www.theguardian.com/global-development-professionals-network/2017/jan/05/rodrigo-dutertes-drug-war-in-the-philippines-is-out-of-control-he-needs-to-be-stopped

12.   Read: https://www.rappler.com/nation/176597-sona-2017-duterte-chr-ombudsman/; include: Drug on war not wasted://www.philstar.com/headlines/2022/01/25/2156324/palace-war-drugs-not-wasted-opportunity; Duterte threatens human rights community: https://www.hrw.org/news/2017/08/18/philippines-duterte-threatens-human-rights-community

13.   Read: https://www.philstar.com/headlines/2017/07/25/1721639/rody-cant-abolish-chr-without-amending-constitution

14.  https://www.philstar.com/headlines/2017/09/13/1738719/who-moved-give-chr-budget-p1000

15.   Critics including Sonny Trillanes pointed out that police officers have a different understating of the word “neutralization.” It meant outright death for the social offenders.

16.   There are little discussions about the extent of penetration of the Mexican drug cartel led by the Sinoloan drug cartel, which used to be headed by the high profile drug lord named Joaquin de Guzman, or popularly known as “El Chapo.” The Netflix drama series “El Chapo” has a scene, showing an official of the U.S. Drug Enforcement Agency (DEA), who cited a report, where the Sinoloan drug cartel had established presence in Asian countries, including the Philippines. It did not elaborate. Sinoloa is a mountainous Mexican region, which is mainly on the Pacific side.

17.   Operation Double Barrel has two components: Oplan Tokhang and Oplan High Value Target. Oplan Tokhang is a portmanteau of ―toktok and ―hangyo the Visayan terms for knock and plead. Tokhang is nominally one aspect of the Duterte campaign, but has become largely synonymous to the drug war. As such, colloquially ―na-tokhang means to be a killed, arrested, or in any way affected by the war on drugs. Oplan High Value Target includes operations to net high-value and street-level targets involved in the trade of illegal drugs like “buy-bust” operations (our version of sting operations), and serving search and arrest warrants to arrest them and their drugs.

18.   Duterte has a special term for those police officers involved in drug-related shenanigans: “Ninja Cops.”

19.   Informants, who declined to be identified, told the author that certain police officers, out of misplaced enthusiasm, went out of bounce by summarily executing smalltime users and pushers. The number of those killed between one and a month before Duterte took his oath could not be determined because statistics of the EJK victims were on a monthly or quarterly basis. Police officers did it because the concept of Oplan Tokhang, as earlier practiced in Davao City, was the prevailing mode even before Duterte took his oath. The barangay captain, who served as my informant, said Duterte gave a go-signal to start those EJKs even when he was not yet the president.

20.  Certain police officers whom the author met admitted they went on schooling to avoid involvement in the war on drugs.

21.   The existing anti-drug laws treat the users and pushers differently. They liberally take the users as victims. But they are harsh on pushers, taking them as most responsible and believing they are the main players in the drug trade. Duterte’s statements that drug users have become useless because drug use has cooked their brains seemed to have affected police officers in the conduct of the anti-drug campaign. 

22.  The white paper somehow includes some details about the purported participation of infiltration by the outlawed Communist Party of the Philippines through its political arm, the National Democratic Front (NDF) in the war on drugs. It advanced the earlier theory that Duterte was once an NDF member.

23.  Read: https://www.rappler.com/nation/list-reports-documentation-rodrigo-duterte-drug-war-killings/

24.  https://web.archive.org/web/20211005025425/https://www.sunstar.com.ph/article/91769/Business/Evasco-leads-Kilusang-Pagbabago-launch

25.  The context of the bloody drug war is discussed by outgoing ICC Chief Prosecutor Fatou Bensouda in her report to the ICC Pre-Trial Chamber on June 14, 2021, or a day before she officially retired as Chief Prosecutor. Her report provides a context why the ICC should conduct formal investigation on Duterte’s war on drugs. For details,  read:

26.  https://www.icc-cpi.int/CourtRecords/CR2021_05381.PDF

27.  https://www.hrw.org/news/2017/08/18/philippines-duterte-https://web.archive.org/web/20201203224540/https://www.rappler.com/newsbreak/in-depth/kilusang-pagbabago-duterte-evasco treatens-human-rights-community

Read also these links: https://theasiadialogue.com/2017/04/20/dutertes-ambiguous-strategy-against-the-cpp-npa-ndf/

https://thediplomat.com/2017/05/is-the-philippines-duterte-really-a-leftist/

28.  The author personally met the four mothers of their sons, who were slain by police officers in connection with Duterte’s bloody but failed war on drugs. They voluntarily gave statements to the author. They claimed their statements were no different from the statements they earlier gave to a civil society, which forwarded them to the office of now retired ICC Special Prosecutor Fatou Bensouda.

 29. Jenner, Matthew S. (2011) "International Drug Trafficking: A Global Problem with a Domestic Solution,"Indiana Journal of Global Legal Studies: Vol. 18 : Iss. 2 , Article 10.

Link at: https://www.repository.law.indiana.edu/ijgls/vol18/iss2/10

  

BIBLIOGRAPHY:

 Human Rights Watch Report of 2022: https://d-nb.info/1124904387/34

 “If You Are Poor, You Are Killed: Extrajudicial Executions in the Philippines ‘War on Drugs’,” Report on the Philippines by Amnesty International

http://fileserver.idpc.net/library/philippines_ejk_report_v19_final_0.pdf

 “License to Kill” Philippine Killings on Duterte’s “War on Drugs: by Human Rights Watch

https://www.hrw.org/sites/default/files/report_pdf/philippines0317_insert.pdf


KILL, KILL, KILL Extrajudicial Killings Under Duterte Government; Crimes Against Humanity vs. Duterte et. al at ICC (Part 2)

 AUTHOR'S Notes; This is the second part of Chapter of my book about the bloody but failed war on drugs of the Duterte  government. This part discusses the legal basis of those extrajudicial killings committed by the Duterte government. . 

‘PROJECT DOUBLE BARREL’: THE LEGALIZATION OF EJKS

DUTERTE’S war on drugs officially started on July 1, 2016, or the day after Duterte was sworn in as president. Gen. Ronald dela Rosa, whom Duterte named as chief of the Philippine National Police (PNP), issued Command Memorandum Circular 16-2016 (or CMC), which specified the general guidelines, procedures, and tasks of police offices, units, and stations in the conduct of the anti-illegal drugs campaign plan under the “Project Double Barrel.” This was an elaborate project brandished by the PNP leadership as supportive of “the barangay clearing strategy of the government and the neutralization of illegal drug personalities nationwide.” It immediately went full swing. In the statement of its purpose, the CMC used the word “neutralization” of the people engaged in drug trade as its main objective. This is noticeable because, in police parlance, “neutralization” means killing or, at the very least, maiming social offenders.15  

The CMC gave a view of the national situation. It said:

”According to the DDB's 2015 National Household Survey, there were around 1.8 million drug users in the country [where] 38.36% of which are unemployed. As of February 2016, PDEA reported that 26.91% or 11,321 out of the country's 42,065 barangays were ‘drug affected’ (mostly in urban areas), A barangay is said to be drug-affected when there is a proven existence of drug user, pusher, manufacturer, marijuana cultivator or other drug personalities regardless of number in the area. On record, NCR has the highest rate of affectation with 92.96% of the region's barangays, followed by CALABARZON at 49.28%. Based on PDEA's 2015 arrest data, methamphetamine hydrochloride or shabu (90%) reportedly tops the list of most abused illegal drugs, followed by marijuana and costly party drugs like cocaine and ecstasy.

“The afore-cited statistical data is indicative of the worsening drug problem that has victimized mostly the underprivileged and impoverished sector of the society. Although much has already been done and accomplished in the national campaign to eradicate illegal drugs, yet the problem persists and it continues to breed social ills. Apparently, in the quest to go after high level drug traffickers, the government seems to have overlooked the worsening drug problem at the grassroots level. The archipelagic set-up of the Philippines is exploited by traffickers to transport illegal drugs and controlled precursors and essential chemicals into the country. The international and local airports and seaports, mail and parcel services and the vast expanse of coastline are being utilized as entry and exit points.

 “There are three transnational drug organizations operating in the Philippines, namely: a. The Chinese or Filipino-Chinese drug syndicates dominate the drug market in the country. They facilitate production, manufacturing and bulk smuggling of dangerous drugs in the country. These activities ensure the supply of drugs in the market. Their activities are largely concentrated within their group, with the inclusion of very few and well-selected locals; b. The African Drug Syndicate (ADS) is responsible for smuggling drugs through the airports using drug couriers/swallowers; and c. The Mexican-Sinaloa Drug Cartel is a new drug group operating in the Philippines. They associated with the Chinese drug Group to penetrate the Philippine market.”16

 Saying the CMC would be launched and implemented on the first day of office of Director-General Ronald dela Rosa as the PNP chief, all police offices and units were enjoined to conduct massive and simultaneous operations to generate impact and public support. Project Double Barrel has two components: “Project Tokhang” and “Project High Value Targets.” Project Tokhang is the lower barrel approach, which was launched in all drug-affected barangays nationwide in coordination with the local government units (LGUs) particularly in their anti-drug abuse councils (ADACs), nongovernment organizations (NG0s), stakeholders, and other law enforcement agencies. The Project Tokhang was described as “a practical and realistic means of accelerating the drive against illegal drugs in affected barangays. This concept involves the conduct of house to house visitations to persuade suspected illegal drug personalities to stop their illegal drug activities.”17

 Project Tokhang has five stages: first stage, collection and validation of information; second stage, coordination; third stage, house to house visitation; fourth stage, processing and documentation; and fifth stage, the monitoring and evaluation. The CMC said: “The collection and validation of information would be conducted in the first week of the first month of the President's term. All local police offices, units, stations and anti-illegal drugs units shall conduct validation to acquire specific information on suspected drug users and pushers in every affected barangays. The identity and criminal activities of each target must be properly documented and verified with all possible sources to equip the team with accurate and solid proofs when confronting suspects during house to house visitations.” How the collection and validation of information went on Duterte’s first week of the first month of his presidential term of office went was not known. There was no report whatsoever. The CMC said:

 “THE coordination shall be made with the following government agencies, stakeholders, and non-government organizations prior to the conduct of actual house to house visitations to ensure success of the activity. All concerned local police offices, units, and stations would coordinate with the LGUs to provide support for the activity and ensure compliance of subordinate offices. The house to house visitation stage of suspected drug personalities would highlight Project Tokhang. The processing and documentation stage has the following components: first, all suspected drug personalities who shall voluntarily surrender shall be required to fill-out a voluntary surrender form; second, persons, who voluntarily surrendered shall be urged to subscribe under oath before a notary public, to be assisted by a counsel and witnessed by parents/guardians and/or barangay officials; all suspected drug personalities who shall voluntarily surrender themselves to the visiting team shall be referred/invited to the local police station for interview, documentation, and other alternative actions. Provided that they execute undertakings to cooperate by giving voluntary information regarding illegal drug activities; all suspected drug personalities who shall surrender any dangerous drugs or its derivatives and drug paraphernalia shall be processed accordingly. Provided that they execute undertakings to give voluntary information about any violations of specific provisions of RA 9165 as stated under Section 33.”

 The CMC has provisions calling for what the PNP termed “internal cleansing,” which called for “the arrest and prosecution of PNP personnel, [who, through the conduct of counter-intelligence operations, are found out] engaged in unlawful activities such as, but not limited to, illegal arrest, illegal detention, hulidap, bangketa/areglo" or case fixing, recycling of confiscated drugs, and planting of evidence, bungling of drug cases, or acting as protectors, coddlers, and financiers of drug personalities. It includes the continuous drug testing of all PNP personnel and filing of appropriate charges against those who would be found positive to ensure drug-free workplaces in all PNP Offices and further improve the image and credibility of the police in the anti-drug campaign. The CMC said the PNP Internal Cleansing would at the national level to be under the “functional supervision and authority” of the PNP director for intelligence.18

***

 ‘INTERNAL CLEANSING’

 Even before Duterte took his oath, mass violence started. When it was clear that Duterte was the 2016 presidential elections winner, his camp immediately intimated to the PNP corps of officers that Duterte was inclined to wage a bloody war against illegal drugs. No quarters were to be given to drug users, runners, pushers, and bigtime, or smalltime, importers and retailers. “That was an order” - this was how informants put it. By end-May, 2016, or in the waning days of the Benigno Aquino III administration, an upsurge in the number of summary executions was perceptible, as traditional media reported them. The number of the victims of extrajudicial killings (EJKs) went up when Duterte took his oath by June 30. It could be seen that certain PNP top officials jumped off the gun. They were competing to get noticed by Duterte. “May mga nagpapasikat (Some people were showing off),” a barangay captain said.18

 ‘WHITE PAPER.’ An apocryphal January 31, 2017 “white paper” quoting unidentified active and retired police officers said Duterte’s drug war contained the following characteristics: first, it has the PNP as its main vehicle and it follows the “chain of command” system; second, it is essentially “state-sponsored” no matter how Duterte and his cohorts have denied it; third, it has employed unnamed vigilante groups to augment the groups of police officers officially assigned to do the job; and fourth, it is a program engaged in “social cleansing,” which was to get rid of the country of the unemployed and dregs of society, or what is called “lumpenproletariat.” Duterte’s war on drugs is the pursuit of extrajudicial killings (EJKs), according to the white paper entitled “Special Report: The State-Sponsored Extrajudicial Killings in the Philippines.” Moreover, the anti-drug war is unique in the sense it erases the distinction between drug users, pushers (retailers), and drug lords (producers and wholesalers). They are one and the same under him, although Duterte did not fully explain the loss of distinction.19

 The first six months of the Duterte government saw the immediate creation of a system for the war on drugs. The white paper mentioned the augmentation of the police anti-illegal drug force by elements from Mindanao to form an almost company-sized police force, whose job is to engage in liquidation missions of suspects in the drug trade. The white paper discussed the creation of a mechanism of the “reward system” for law enforcers and vigilante groups engaged in EJKs. It could be surmised that the PNP has become the virtual “death squad” of Duterte, although certain police officers argued that the PNP was just implementing the presidential mandate. It could be surmised too that certain police officers were not comfortable to become part of Duterte’s death squad. They do not like to be known as butchers of the people they have sworn to serve. Whether or not they are in the minority is not known because they did not openly raise howls, as the war on drugs progressed. Some police officials were said to have applied and went into schooling to avoid involvement in the war against drugs. 20

 At that time, thousands of suspected drug users, runners, pushers, and traders were summarily killed nationwide. Two months after Rodrigo Duterte swore in as president on noon of June 30, 2016, it was clear the war on drugs would continue as planned. Like attack dogs unleashed by their masters from their chains, police officers, in groups, or in combination with vigilante groups, aggressively went into killing sprees in the depressed communities of Metro Manila and other provinces. In many instances, police officers barged into the victims’ homes even in the wee hours of the morning, ordering household members to get out of the house and killing outright suspects right in their homes. In other instances, they took – or kidnapped - the persons of interest out of their homes, tortured, and shot them with their hand guns or assault weapons elsewhere. They hardly had arrest or search warrants. In their reports, police officers offered the narrative that the victims fought back, or in the vernacular, “nanlaban,” endangering or harming the arresting police officers. Their alibis could not be proven though except those antiquated, worn out .38 handguns, which were presumably thrown by police officers into their bodies ostensibly to prove their alibis.21

Quoting official records culled from a “source” at the PNP Directorate for Operations, the white paper, entitled “Special Report: The State Sponsored Extrajudicial Killings in the Philippines,” said the death toll reached 6,273 persons, of whom 2.224 persons were “suspected drug personalities killed in police operations,” while 4,049 were victims of vigilante killings, or “death under investigation.“ Why the number of vigilante killings was far larger than legitimate police operations was not explained, although it could be surmised that a number of EJKs was not reported officially. It said:

“For the first seven months of the ‘war on drugs,’ the monthly death toll averages 896, while the daily average of death tally was around 30. The average death toll in police operations for 210 days (7 x 30 days) is 11 persons. In effect, the PNP is claiming that the deadly armed encounters for 210 days (7 months) registered a daily death toll of 10 killed drug suspects.

“As to the alleged [vigilante killings/deaths under investigation], there is a death daily toll average of 19 persons. The total daily death total for [local police operations] and [vigilante killings/deaths under investigation] is (19+11) = 30 persons killed in a span in less than 7 months.”    

***

HOW THEY DID IT

The white paper of unknown authorship could be regarded as “very revealing” for its audacity and profundity because it narrated how police officers did the war on drugs, specifically the summary executions or extrajudicial killings (EJKs). As part of the war on drug infrastructure, the PNP had come out with its own standard operating procedure on its summary executions of its targets. The following unedited text has to be drawn out of the white paper for accuracy:

The standard and typical carrying out of An EJK Operation by a Police Station/Community Precinct of the five (5) Police Districts of National Capital Region Police Office (NCRPO) is a cycle replicated nationwide in all Police Regional Offices (PRO)/Provincial Police Offices (PPO) and City/Municipality Police Offices, down to Police Community Precincts (PCP). This cycle is outlined below:

The Station Commander, in his capacity as head of the Station Anti-Illegal Drug Task Group (SAIDTG) will preside at a tactical briefing by his PCP Commanders. This is a weekly assessment on the progress of the war on drugs thru EJK.

The stage for target selection for EJK implementation uses, as reference, the surrenderers’ data base.

·         Tactical coordination of the EJK Team with the Barangay Chairman, who is the Chairman of the Barangay Anti-Drug Abuse Council (BADAC).

·         Tracing, locating, and casing of the target house.

·         Determination of the actual hit on the target.

·         The Station Chief/PCP Commander coordinates with the BADAC’s Chairman for the shutdown of closed circuit television (CCTV) surveillance and the switching off of street lamps.

·         The Hit team, which is regularly composed of four (4) assassins, executes the target suspects.

·         The return to the Station and the verbal reporting to the Station Chief or PCP Commander.

·         As directed, to satisfy the protocol requirements, Homicide Investigators will bring the gunshot victims to the hospital.

·         The Scene of the Crime Operation (SOCO) Team performs a scripted forensic investigation of the crime scene in case the victim is allegedly falling under the category of DUI.

In the case of scripted LPO, the cycle is similar. Double planting of evidences is done to make it appear that the drug suspect resisted arrest and fired back. A small quantity of shabu and a Cal. 38 homemade gun are the usual ‘resistance killing’ evidences” (sic).

In the case of EJK of DUI type, there are three (3) variations of execution:

·         The Riding in Tandem – Hit Team will assassinate the target victim while their vehicle is in motion.

·         An EJK Team, with mask, and hooded with black bonnet, will barge into the house of the target and open fire.

·         An EJK Abduction Team will grab the target victim if he/she is a retailer or distributor. After interrogation with torture, the victim is summarily executed. The corpse is dumped at a selected site. In all, Police Districts of the NCRPO, the so-called “Firer” is designated to kill the drug suspect. The Firer, whether he or she is riding on a motor bike or is a member of an abduction team, is usually given half of the EJK payment.

 NAGGING QUESTION. The nagging question is whether or not the PNP, as an institution, has accepted Duterte’s war on drugs and registered any opposition or warning about its illegal character. Officially, the answer is yes. But there appeared to be more than what meets the eyes. Although the rumor mill has kept on grinding yarns of speculations and interpretations, the 20-page white paper, entitled “Special Report: the State-Sponsored Extrajudicial Killings in the Philippines,” gave indications that the war on drugs had a different dimension that was not openly disclosed. The alleged involvement of the communist-led National Democratic Front (NDF) was neither known nor openly discussed.22

 Incidentally, Duterte pitched on several occasions the possible inclusion and involvement of the Armed Forces of the Philippines in the war on drugs. The AFP gave an icy reception to Duterte’s advances. It somehow managed to strike a middle ground by its counterproposal to involve itself in data gathering or providing his office with intelligence information. Although it did not make its position public, the AFP was categorical to say “no” on what Duterte wanted. Except to provide intelligence information, it would not involve itself in the war against drugs. The AFP, as an institution, knows its mandate. Any inclusion or involvement in the anti-drug war is not part of its mandate. The anti-drug campaign is essentially a police issue, which is better left to the PNP. The AFP had learned its lesson during the dictatorship of Ferdinand Marcos. It did not want to bite more than it could chew.

 On September 21, 1972, the AFP supported the martial law declaration by the emerging dictator in Ferdinand Marcos on an essentially single issue: the alleged threat to national security by the then newly reorganized Communist Party of the Philippines and its military arm, the New People’s Army. The outlawed NPA was then composed of a few squads from the remnants of the Hukbong Mapagpalaya sa Bayan (HMB) and had insufficient and outdated firearms. The AFP support for martial law was ironically dismal, as it showed acquiescence to 13 years of Marcos dictatorship. The communist threat was not that big for the AFP to bear and support the martial law government of Marcos, which later metamorphosed into an abusive, corrupt, and plundering dictatorship.

 CLARITY OF THOUGHT. The PNP understood Duterte had exaggerated the magnitude and dimension of the illegal drug issue to get elected into office and obtain the people’s mandate to launch the brutal war against drugs and its users, pushers, and wholesalers. It knew Project Double Barrel and its two components, Oplan Tokhang and Oplan High Value Targets, were only good on paper but unsustainable in the long run. They were hardly implemented on the basis of their original mandate and objectives. But many police officials persisted to support Duterte – both fully and halfheartedly. They could not be blamed, but they were watchful of Duterte’s actual intentions and on what he was doing.

 Although drug users, pushers, and other persons involved in drug trade were identified early in the anti-drug campaign and told to mend their ways, a number of persons, who surrendered voluntarily before their barangay officials, were later slain to indicate bad faith and duplicity of purposes. A number underwent rehabilitation as mandated by the existing anti-drugs laws, but they were nonetheless summarily executed. Why and how these summary executions happened was a matter of conjecture.23 Oplan Tokhang is clear on rehabilitation and monitoring of drug users. Certain persons in the know said in confidence that the anti-drug war, even on its early stage, was just unsustainable. Duterte himself did not exactly know what to do. He was not gifted with the clarity of thought, they surmised especially on its end game.

 The white paper alleged that a faction within Duterte’s coalition attempted to take advantage of Duterte’s lack of initiative to put down the complete details on how to proceed with the anti-drug war. It took a direction far different from its original intent. It discussed lengthily the inclusion of a program, which certain alleged members (or former members) of the communist-led National Democratic Front (NDF) had included in the war on the anti-drugs project. It was their way to highjack the war on drugs to the NDF’s favor.

 A month after Duterte was sworn in, the Kilusang Pagbabago (KP), a new political party formed purportedly “to protect the new president,” was launched by a group of political leaders led by then Cabinet Secretary Leoncio Evasco Jr. It was conceived to be a mass movement that originated from the top, the Office of the President, to blossom into a grassroots-based political party below. Although it was supposed to have been launched on Aug. 13, 2016, not much was heard about it. But the Dec. 5, 2016 report of rappler.com led with this paragraph: “President Rodrigo Duterte’s most trusted ally, Cabinet Secretary Leoncio ‘Jun’ Evasco Jr, is going around the country to launch a nationwide mass movement – Kilusang Pagbabago (KP).” It could be surmised that KP, which was on the drawing board since August, did not take off immediately, pushing its launching toward the end of 2016.24

 The news report said KP was “growing fast” as it drew huge crowds in its launching in Cebu and Cavite. Its organizers thought of organizing a KP unit in each barangay. Conceptually, it was envisioned to become the political vehicle to bring government services down to the ground. But its bigger role, it appeared, was to form a critical mass to protect Duterte, as he was supposed to pursue radical reforms, according to the rappler.com report citing a document on its creation and objectives. The KP mentioned possible destabilization plots if ever Duterte pursued “reforms” but it did not give details. In fact, KP had singled out certain police and military generals supposedly involved in illegal drug trade as enemies, giving rise to the perception of its anti-military and police bias.

 KP as ‘Brownshirts.’ There were supporters, who wanted to strengthen Dueterte’s hold to power by having a mass-based political party, while other supporters believed that KP would only bring the Duterte government closer to the Left. This was the tug-of-war during the early weeks of Duterte’s presidency. The more acceptable assessment was the planned creation of an army of supporters, or a “mass movement,” whose members could be easily converted into the equivalent of the S.A. or “Brownshirts” of the old Nazi German regime. Given Duterte’s penchant to use thugs in his war on drugs in Davao City, it could be surmised too that Evasco’s faction in the ruling coalition could have thought to create an army within the army with KP as the political vehicle to form its core of members.

 Rodrigo Duterte won the 2016 presidential elections partly with the help of the Left – both the Legal left, which has the alphabet soup of Left-leaning organizations like Bayan, a mass organization, Bayan Muna Party List, Gabriela, Anakpawis, Kabataan, among others, and the outlawed extreme Left led by the Communist Party of the Philippines (CPP), the New People’s Army (NPA), its military arm, and the National Democratic Front (NDF), its political arm. Although on official level the Left supported Grace Poe, who landed third after Duterte and Mar Roxas, the Liberal Party candidate, the Left, especially those based in Mindanao, supported Duterte instead of Poe. In brief, it played simultaneously two political cards in 2016.

 Although it was not official and nothing indeed was written on stone, it could be said that Duterte was in alliance with the Left. This could be deduced from the appointments of certain officials, who were closely associated with the Legal Left like Judy Taguiwalo as secretary of the Department of Social Works and Services (DSWD), who later resigned in disgust with Duterte’s public policies, Rafael Mariano, as secretary of the Department of Agrarian Reform (DAR), who met the same fate as Taguiwalo’s, and lesser mortals like Liza Maza and Terry Ridon. Evasco was said to be personally identified with Duterte because he was once the latter’s chief of staff when he was the mayor of Davao City. Evasco was reported powerful because he had the initial effective control of at least 16 state agencies. But just like the other Left-leaning Cabinet members, Evasco was eased out of the Cabinet only to be reappointed in an inconsequential office, which was as a presidential adviser on government reorganization ostensibly to streamline processes in 2020.

 It could be surmised that the police and military establishments distrusted Evasco, who was identified as a former member of the central committee of the CPP. As a CPP member, Evasco was being viewed as an institutional enemy because the PNP and AFP are engaged in armed struggle with communist guerillas. In short, Evasco, despite his elaborate plans to create a grassroots party for Duterte, did not get the trust and confidence of the PNP and AFP. They took him for an “enemy,” who should be defanged and weakened.

 The white paper discussed Evasco’s plan to create a program within the program against drugs. According to the white paper, Evasco’s program was considered “the broad intelligence network of EJK” dubbed the MASA MASID, which stood for Mamamayang Ayaw sa Anomalya, Mamamayang Ayaw sa Ilegal na Droga (Citizens against Anomalies, Citizens Against Illegal Drugs). Drafted and completed in July, 2016 by Evasco and Undersecretary Joselito Libres Jr., whom, the white paper said, were once members of the CPP Central Committee, the highest policy-making body in the outlawed CPP, the MASA MASID program sought to become the “watchdog” of the Kilusang Pagbabago, the mass-based party.

The KP’s concept paper contained at least five component programs, which sought to strengthen the Duterte government. A component was the “defender of the Republic” program, which sought to defend Duterte from “destabilization threats and calamities to ensure delivery of services for communities and sectors.” Another component was the propaganda scheme program to project Duterte as the “educator” when it comes to changes. The third component part was essentially political, as it sought to change to a federal form the current unitary government. The fifth component centers on effective delivery of social services.

But it was in the component program that identified KP as the “watchdog,” which the police and military establishments did not feel comfortable. Under this component, the KP would be the vanguard against crime, drugs and corruption through monitoring, documentation, and advocacy. These things were essentially PNP’s job. The white paper said this component could be aptly transformed into the “intelligence arm of the National Democratic Front,” of which Evasco was identified as a key leader. It said:

“Indeed, the MASA MASID has a vast network of informants [on] the national scale. It functions as a spy agency jointly established and operated by the CPP/NPA/NDF, DILG, and the hoodwinked civic organizations. It could be compared to a modern Gestapo providing data to the savage ‘war on drugs’ with state-sponsored EJK.

“The principal source of President Duterte’s ‘Drug List’ is undoubtedly the MASA MASID. PRRD has repeatedly announced that the [number of] drug addicts [is] approaching a prevalence level of almost 4 million. This is in contrast to the official data of 1.8 million drug users and pushers of the Dangerous Drug Board (DDB/Philippine Drug Enforcement agency (PDEA).

“There is a gap of 2.2 million between President Duterte’s list of 4 million addicts and the DDB/PDEA estimates of 1.8 million.”

***

‘SOCIAL CLEANSING’

The white paper said that while the spate of drug-related summary executions or extrajudicial killings (EJKs) is “state sponsored” as indicated by the presidential directives on the war against drugs, it is also a form of “social cleansing.” It did not define what it meant by social cleansing except to say that the anti-drug war was essentially “a form of mass murder.” It said:

“Because the PNP is a structured government bureau under the Executive Department, the criminal liability in relation to carrying out of EJK is quite obvious and could be applied from the top echelon of the national political leadership down to the lowest level of the PNP, the Police Community Precincts (PCP).

“The EJK could also be considered a form of mass murder. The latter is the act of murdering people, typically, simultaneously or over a relatively short period of time and in close proximity. The continued daily occurrence of EJK incidents on a nationwide scale clearly indicates the general features of mass murder.”

The punchline, which was delivered before the actual filing of the first information against Duterte at an international forum:

“International legal experts studying the ‘War on Drugs’ have specific opinions that [President Rodrigo Roa Duterte] could be tried at the International Criminal Court (ICC).”

It was a statement of prescience on the part of the unidentified police officers and military officials behind the white paper because three months later, the first information was filed before the ICC.

DUTERTE’S LINKS WITH NDF. The white paper made some serious allegations about the reported Duterte’s links with the NDF.  Citing a report of what it described a “credible source,” which had “access” with NDF-Mindanao, it said Duterte was “inducted as a member of the NDF’s National Council.” It alleged it was Evasco, who brokered Duterte’s entry into the NDF in July, 2010. At that time, Duterte was mayor of Davao City.25

The white paper alleged:

“The induction of Duterte in the NDF National Council was effected during the NDF’s 12th National Conference held at the Conference Hall of the Brokenshire Hospital in Davao City.

“The NDF Conference, while in session, is the acknowledged policy-making body of the NDF, with the Party (CPP) dominating the NDF and in-charge of directing and controlling the political and military struggle to overthrow or take over the state and to seize political power.  The NDF is defined, according to its Constitution, as an alliance of all patriotic and progressive organizations adhering to its Constitution and Program. It fosters unity among the allied organizations. This definition clearly commits deception, since the majority of members of NDF governing organs are actually CPP members. Moreover, in Marxist-Leninist-Maoist theory, any national democratic person or organization, to be accredited as such, has to accept the leadership of the Marxist-Leninist Party (the Communist Party of the Philippines) and the latter’s absolute control over the people’s army (the NPA).”

It was believed that the white paper had acknowledged what could be described a de facto coalition between the Duterte government and the CPP-NPA-NDF. How the militarist faction within the Duterte government has outmaneuvered the leftist faction in the first three years of his government could be viewed as a lesson in political dynamics and behavior, or a subject for future research works. Nonetheless, it could be perceived that both the left and right wing factions within the Duterte government had attempted to use Duterte’s war on drugs to advance their respective political agenda In the ensuing political dynamics, the military faction has appeared to have gained the advantage, as Duterte himself eased out the perceived leftwing elements in his government, effectively ending the tactical coalition between his government and the NDF. The rightwing elements had effectively brought Duterte to its fold.26

***  

HUMILIATION AND VIOLENCE

The war on drugs, which Rodrigo Duterte had unleashed, took a big bang on the first day of his incumbency. Days passed without any report of persons, who were killed in alleged violent encounters and police operations – or rubouts, plain and simple. A Filipino scholar argued that the anti-drug war was premised on humiliation and violence. It was no different from the same anti-drug war, which Duterte used in Davao City as its erstwhile mayor. Hong-Kong-based Andres Reyes, a former journalist, said in a published article on the early years of his presidency:

“Duterte’s message in his war on drugs is clear: Criminals can be humiliated and killed in order to protect law-abiding and God-fearing Filipinos.”

Reyes said Duterte came out with a list containing names of users and pushers purportedly to shame and humiliate those involved in drug trade. He said:

“This is the same method Duterte used in Davao City when he revealed the names of suspected drug dealers and users in radio and television shows, telling them to stop their illegal activities. The police would then visit the houses of persons on the list, known in Cebuano as “Tokhang” (tok-tok [knock], hangyo [request]). The police and the military would then speak to the person and his family members and warn them to stop selling and using drugs. This was, and is, often a prelude to killings. In Davao, many of those killed in police operations and vigilante killings were persons on the list. Why should they be killed? Duterte implies drug addicts are not human and criminals have no place in society. The police, using entrapment operations, search the houses of suspects and question them for ignoring their warnings. If the suspected individuals fight with the policemen or “nanlaban”, they can be killed in the process.”

In his article, Reyes advanced the thesis that in Duterte’s war on drugs, the victims’ bodies were “political artifacts” sought to embody and deliver what he described “the message of violence.” He said:

“The individuals who were humiliated and killed in Duterte’s war on drugs were alleged criminals who were neither investigated nor convicted for the crimes they were supposed to have committed. The ‘spectacle’ in the war on drugs is distinct because the violence inflicted on the body of criminals is perpetrated by both state and non-state actors. The supposed criminals were punished by the state’s coercive apparatus (the police and the military) and … (vigilantes and hired killers) before their guilt was established. The sovereign in the Philippine political system is the people, who are personified by Duterte as the chief executive. Therefore, there is political value in this spectacle in punishing criminals, by humiliating and killing them, and this punishment outside the ordinary legal process has political meaning to it. A common feature in the practice of punishing criminals is the use of the body as material to impose discipline as well as a vehicle to carry political messages.”

According to Reyes, the humiliation and violent deaths of drug criminals were designed to elicit “credible threats” to the public. Hence, those who violated the law have actually been punished. The killing of criminals in police operations, public spaces, and in their homes makes Duterte’s threats “very real,” deterring violators of the law. The humiliation of supposed criminals by labeling their bodies to say they are criminals could be interpreted as “objectification of the body.” Reyes said:

“It reduces the body to an object as a vehicle to carry political messages. In the war on drugs, this is done first, through official listing of drug dealers, users and criminals, and revealing their names in public; and second, by encouraging their killing, and then humiliating those friends and relatives left behind by placing placards identifying them as criminals who deserved to have been killed.”

According to Reyes, this phenomenon, citing a scholar, is a form of violence that lead to what is termed the “commodification of the body by turning it into political text.” He said:

“Those who lived at the margin – the poor, and the criminals whom Duterte calls living in ‘low-lives’ – have their bodies made into text by placing placards on them and parading them in public and on marking their corpses when they are killed.”

Citing another scholar, Reyes described the use of the body as a “spectacle of violence.” This leads to the concept of the “politicization of life,” citing Duterte’s penchant to declare whose life has and does not have value. He said:

“The Philippine president divides Filipinos into two groups: the drug dealers, addicts and criminals – who are seen as violent law breakers, dangers to social welfare and obstructions to economic development – and law-abiding and God-fearing persons, who are viewed as victims of violence, the human resources for economic development, and the basis of the well-being of future generations. Duterte has been explicit about the need to eliminate the first group in order to protect the second.”

Reyes cited Nazi Germany’s experience in which the Nazi regime decided on the extermination of the Jews, and the incurably ill, adding that the moment “a political decision is reached, mass killings of those whose lives are now declared to have no value, become inevitable.” Reyes said:

“Duterte is popular because of the clarity of his message about who can be killed: drug lords, drug addicts and criminals, preferably men, habitual criminals and drug addicts who repeatedly went into rehabilitation but were never cured.”

***