Extrajudicial killing

From Wikipedia, the free encyclopedia

An extrajudicial killing (also known as extrajudicial execution) is the killing of a person by governmental
authorities without the sanction of any judicial proceeding or legal process. Extrajudicial punishments are mostly
seen by humanity to be unethical, since they bypass the due process of the legal jurisdiction in which they occur.
[citation needed]
 Extrajudicial killings often target leading political, trade union, dissident, religious, and social
figures and are only those carried out by the state government or other state authorities like the armed forces or
police, as extra-legal fulfillment of their prescribed role.
Section 3(a) of the United States Torture Victim Protection Act contains a definition of extrajudicial killing:
a deliberate killing not authorized by a previous judgement pronounced by a regular constituted court affording all
the judicial guarantees which are recognized as indispensable by civilized peoples. Such term, however, does not
[1]
include any such killing that, under international law, is lawfully carried out under the authority of a foreign nation.
[a]

[2][3][4] [5][6][7][8][9] [10][11][12][13]

Extrajudicial killings and death squads are common in Syria,  Iraq,  Egypt,
[14] [15] [16][17] [18][19][20] [21] [22] [23][24][25][26]
 Libya,  Central America,  India,  Mexico,  Colombia, Brazil,
[27] [28][29] [30] [31] [32] [33][34][35]
 Venezuela,  Indonesia,  Afghanistan,  Pakistan,  Bangladesh,  several nations
[36][37][38][39][40] [41] [42]
or regions in Africa,  including the Democratic Republic of the Congo  and Burundi,
[43] [44][45][46] [47] [48][49] [50] [51][52][53]
 Jamaica,  Kosovo,  Russia,  Uzbekistan, parts of Thailand,  Turkey,
[54][55] [56][57][58][59][60][61][62] [63][64] [41][65][66]
 in the Philippines,  Tajikistan, Papua New Guinea,  and
[67][68][69]
by Israeli forces.  One of the most recent issues regarding extrajudicial killing has been the debate
about the legal and moral status of targeted killing by unmanned aerial vehicles by the United States.

Argentina[edit]
Argentina's dictatorial government during the 1976–1983 period used extrajudicial killings systematically as way of
[70]
crushing the opposition in the so-called "Dirty War".

Bangladesh[edit]
[71]
Bangladeshi special security force Rapid Action Battalion (RAB) has long been known for extrajudicial killing.  In
[72]
a leaked Wikileaks cable it was found that RAB was trained by UKgovernment.  16 RAB officials (sacked
afterwards) including Lt Col (sacked) Tareque Sayeed, Major (sacked) Arif Hossain, and Lt Commander (sacked)
Masud Rana were given death penalty for abduction, murder, concealing the bodies, conspiracy and destroying
[73][74][75][76]
evidences in the Narayanganj Seven Murder case.

[77]
Beside this lots of alleged criminals were killed by Bangladesh police by the name of cross fire.

Chile[edit]
During the Pinochet Regime that lasted from 1973 to 1989 elements of the military and police committed
extrajudicial killings. Some of these were coordinated with other right-wing dictatorships in the Southern Cone in the
so-called Operation Condor.

El Salvador[edit]
During the Salvadoran civil war, death squads achieved notoriety when far-right vigilantes assassinated
Archbishop Óscar Romero for his social activism in March 1980. In December 1980, four Americans — three nuns
and a lay worker — were raped and murdered by a military unit later found to have been acting on specific orders.
Death squads were instrumental in killing hundreds of peasants and activists, including such notable priests
as Rutilio Grande. Because the death squads involved were found to have been soldiers of the Salvadoran military,
which was receiving U.S. funding and training from American advisors during the Carter administration, these
events prompted outrage in the U.S. and led to a temporary cutoff in military aid from
[citation needed]
the Reagan administration , although death squad activity stretched well into the Reagan years
(1981–1989) as well.

Honduras[edit]
Honduras also had death squads active through the 1980s, the most notorious of which was Battalion 316.
Hundreds of people, including teachers, politicians and union bosses, were assassinated by government-backed
forces. Battalion 316 received substantial support and training from the United States Central Intelligence Agency.
[78]

Iran[edit]
See also: Chain Murders of Iran
In 1953 a regime was installed through the efforts of the American CIA and the British MI6 in which the Shah
(hereditary monarch) Mohammad Reza Pahlavi used SAVAK death squads (also trained by the CIA) to imprison,
torture and/or kill hundreds of dissidents. After the 1979 revolution death squads were used to an even greater
extent by the new Islamic government. In 1983, the CIA gave the Supreme Leader of Iran—Ayatollah Khomeini—
information on KGB agents in Iran. This information was probably used. The Iranian government later used death
squads occasionally throughout the 1970s, 1980s, and 1990s; however by the 2000s it seems to have almost
entirely, if not completely, ceased using them. This partial relaxation of Khomeini's harsh policies and
subtle Westernization of the country can be seen paralleling similar events in Lebanon, the United Arab Emirates,
and Northern Iraq beginning in the late 1990s.

Iraq[edit]
Iraq was formed by the partition and domination of various tribal lands by the British in the early 20th century. Britain
granted independence to Iraq in 1932, on the urging of King Faisal, though the British retained military bases and
transit rights for their forces. King Ghazi of Iraq ruled as a figurehead after King Faisal's death in 1933, while
undermined by attempted military coups, until his death in 1939. The United Kingdom invaded Iraq in 1941
(see Anglo-Iraqi War), for fear that the government of Rashid Ali al-Gaylani might cut oil supplies to Western
nations, and because of his links to the Axis powers. A military occupation followed the restoration of the Hashemite
monarchy, and the occupation ended on October 26, 1947. Iraq was left with a national government led
from Baghdad made up of Sunni ethnicity in key positions of power, ruling over an ad-hoc nation splintered by tribal
affiliations. This leadership used death squads and committed massacres in Iraq throughout the 20th century,
[79]
culminating in the dictatorship of Saddam Hussein.
The country has since become increasingly partitioned following the Iraq War into three zones: a Kurdish ethnic
zone to the north, a Sunni center and the Shia ethnic zone to the south. The secular Arab
socialist Baathist leadership were replaced with a provisional and later constitutional government that included
leadership roles for the Shia (Prime Minister) and Kurdish (President of the Republic) peoples of the nation. This
paralleled the development of ethnic militias by the Shia, Sunni, and the Kurdish (Peshmerga).
[80]
There were death squads formed by members of every ethnicity.  In the national capital of Baghdad some
members of the now-Shia police department and army (and militia members posing as members of police or armed
[81]
forces) formed unofficial, unsanctioned, but long-tolerated death squads.  They possibly had links to the Interior
Ministry and were popularly known as the 'black crows'. These groups operated night or day. They usually arrested
[82] [83]
people, then either tortured  or killed   them.
The victims of these attacks were predominantly young males who had probably been suspected of being members
of the Sunni insurgency. Agitators such as Abdul Razaq al-Na'as, Dr. Abdullateef al-Mayah, and Dr. Wissam Al-
Hashimi have also been killed. These killings are not limited to men; women and children have also been arrested
[84]
and/or killed.  Some of these killings have also been part of simple robberies or other criminal activities.
A feature in a May 2005 issue of the magazine of the New York Times claimed that the U.S. military had modelled
the "Wolf Brigade", the Iraqi interior ministry police commandos, on the death squads used in the 1980s to crush the
[85]
left-wing insurgency in El Salvador.
Western news organizations such as Time and People disassembled this by focusing on aspects such as
probable militia membership, religious ethnicity, as well as uniforms worn by these squads rather than stating
[86]
the United States-backed Iraqi government had death squads active in the Iraqi capital of Baghdad.

India[edit]
Main article: Extrajudicial killings in Jammu and Kashmir
A form of extrajudicial killing called police encounters is common in India. Such encounters are being staged also by
[18][19][20]
military and security forces.

Philippines[edit]
Maguindanao massacre[edit]
Main article: Maguindanao massacre
The Committee to Protect Journalists (CPJ) has called the massacre the single deadliest event for journalists in
[87]
history.  Even prior to this, the CPJ had labeled the Philippines the second most dangerous country for
[87]
journalists, second only to Iraq.

War on Drugs[edit]
Main articles: Extrajudicial killings and forced disappearances in the Philippines and Philippine Drug War
Following the election of President Rodrigo Duterte in 2016, a campaign against illegal drugs has led to widespread
extrajudicial killings. This follows the actions by then-Mayor Duterte to roam Davao in order to "encounter to kill".
[88]

[89]
The Philippine president has urged its citizens to kill suspected criminals and drug addicts,  ordered the police to
[90] [91]
adopt a shoot-to-kill  policy has offered bounties for dead suspects, and has even admitted to
[92]
personally killing suspected criminals.

[92][93][94][95]
The move has sparked widespread condemnation from international publications 
[96] [97][98][99]
 and magazines,  prompting the Philippine government to issue statements denying the existence
[100][101][102]
of state-sanctioned killings.
Though Duterte’s controversial war on drugs was opposed by the United States under President Barack Obama,
[103] [104]
 the European Union,  and the United Nations. Duterte claims that he has received approving remarks
[105]
from US president-elect Donald Trump.
On a news report of ABS-CBN dated September 26, 4:17 PM, Duterte issued guidelines that would enable
[106]
the United Nations Rapporteur on Extrajudicial Killings to probe the rising death toll.  On a news report of GMA
News dated December 14, 10:24 PM, Duterte cancelled the planned visit of the Rapporteur for failure of the latter to
[107]
accept the conditions for the probe.

Soviet Union and Russia[edit]

In Soviet Russia since 1918 Cheka was authorized to execute "counterevolutionaries" without trial. Hostages were
also executed by Cheka during the Red Terror in 1918-20.
The successors of Cheka also had the authority for extrajudicial executions. In 1937-38 hundreds of thousands
where executed extrajudicially during the Great Purge under the lists approved by NKVD troikas. In some cases the
Soviet special services did not arrest and then execute their victims but just secretly killed them without any arrest.
For example, Solomon Mikhoels was murdered in 1948 and his body was run over to create the impression of a
traffic accident. The Soviet special services also conducted extrajudicial killings abroad, most notably of Leon
Trotskiy in 1940 in Mexico, Stepan Bandera in 1969 in Germany, Georgi Markov in 1978 in London.
Main articles: Active measures and Poison laboratory of the Soviet secret services
In Russian Federation a number of journalist murders were attributed to public administration figures, usually where
the publications would reveal their involvement in large corruption scandals.
Main article: List of journalists killed in Russia
It has been regarded that the Alexander Litvinenko murder was linked to Russian special forces.
USA and UK intelligence services believe that the Russian government and secret services are behind at least
[108]
fourteen targeted killings on British soil.
State of Israel[edit]
In a report, Amnesty International documented incidents that "appear to have been extrajudicial executions" against
[68]
Palestinian civilians.  Those incidents occurred after Palestinians reportedly attempted to attack Israelis, but
even though the attackers did pose a serious threat due to soldiers' armor, they were shot without ensuring that the
[68]
threat was real and without attempt to arrest suspects before resorting to the use of lethal force.

Thailand[edit]
Reportedly thousands of extrajudicial killings occurred during the 2003 anti-drug effort of Thailand's prime
minister Thaksin Shinawatra.
Rumors still persist that there is collusion between the government, rogue military officers, the radical right wing, and
[109][110][111][112][113][114][115]
anti-drug death squads.

[116] [117]
Both Muslim  and Buddhist  sectarian death squads still operate in the south of the country.

Turkey[edit]
[53]
In 1990 Amnesty International published its first report on extrajudicial executions in Turkey.  In the following
years the problem became more serious. The Human Rights Foundation of Turkey determined the following figures
[118]
on extrajudicial executions in Turkey for the years 1991 to 2001:

199 199 199 199 199 199 199 199 199 200 200
1 2 3 4 5 6 7 8 9 0 1

98 283 189 129 96 129 98 80 63 56 37

In 2001 the UN Special Rapporteur on Extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir,
[119]
presented a report on a visit to Turkey.  The report presented details of killings of prisoners (26 September
1999, 10 prisoners killed in a prison in Ankara; 19 December 2000, an operation in 20 prisons launched throughout
Turkey resulted in the death of 30 inmates and two gendarmes).
For the years 2000–2008 the Human Rights Association (HRA) gives the following figures on doubtful deaths/deaths
[120]
in custody/extra judicial execution/torture by paid village guards

200 200 200 200 200 200 200 200 200

0 1 2 3 4 5 6 7 8

173 55 40 44 47 89 130 66 65
[121]
In 2008 the human rights organization Mazlum Der counted 25 extrajudicial killings in Turkey.

United Kingdom[edit]
During the Irish war of independence in 1916–21, the British forces organised several secret assassination squads.
[citation needed]
 On 20 March 1920 the Royal Irish Constabulary Reserve Force murdered the mayor
 [122][not in citation given]
of Cork city.  In Limerick, the mayor and former mayor of Limerick city were murdered
[123][not in citation given]
on 2 May 1921.

Northern Ireland[edit]
Main article: Shoot-to-kill policy in Northern Ireland
In Northern Ireland, members of the British armed forces, the Royal Ulster Constabulary, and British agents, on
[124][125]
occasion killed without lawful excuse during The Troubles.  Brian Nelson, an Ulster Defence
[126][127][128]
Association member and British Army agent was convicted of sectarian murders.

United States[edit]
See also: Targeted killing and Disposition Matrix
The legality of killings such as Osama Bin-Laden's in 2011 have been brought to question, with sources mentioning
military law and international law, the US defended themselves claiming the killing was not an Assassination, merely
[129]
an act of "National Self Defence".  Legally, the assassinations by targeted drone strike are almost all Extra-
[130]
Judicial killings. Of which there had been just under 2500 by 2015.  Concerns about targeted and sanctioned
killings of non-Americans and American citizens in overseas "counter-terrorism" activities have been raised by
[129]
lawyers, News firms  and private citizens. On September 30, 2011 a drone strike in Yemen killed American
[131]
citizens Anwar al-Awlaki and Samir Khan.  Both individuals resided in Yemen at the time of their deaths. The
executive order approving Al-Awlaki's death was issued by Barack Obama in 2010 and challenged by the American
Civil Liberties Union and the Center for Constitutional Rights in that year. The U.S. president issued an order,
approved by the National Security Council, that Al-Awlaki's normal legal rights as a civilian should be suspended
and his death should be imposed, as he was a threat to the United States. The reasons provided to the public for
approval of the order were Al-Awlaki's links to the 2009 Fort Hood Massacre and the 2009 Christmas Day bomb
[132]
plot, the attempted destruction of a Detroit-bound passenger-plane.  The following month, al-Awlaki's son was
[133]
killed by mistake by another US drone strike.

Vietnam[edit]
Nguyễn Văn Lém (referred to as Captain Bay Lop) (died 1 February 1968 in Saigon) was a member of the Viet
Cong who was summarily shot in Saigon during the Tet Offensive. The photograph of his death would become one
of many anti-Vietnam War icons in the Western World.

Human rights groups[edit]

Many human rights organizations including Amnesty International along with the United Nations are campaigning
[16][134][135][136][137]
against extrajudicial punishment.

Extrajudicial killings and forced disappearances in the

Philippines
From Wikipedia, the free encyclopedia
This article needs to
be updated. Please
update this article to
reflect recent events or
newly available
 information. (September
2017)
Extrajudicial killings and forced disappearances in the Philippines are illegal executions – unlawful or felonious
[1]
killings – and forced disappearances in the Philippines.  These are forms of extrajudicial punishment, and include
extrajudicial executions, summary executions, arbitrary arrest and detentions, and failed prosecutions due to
political activities of leading political, trade union members, dissident and/or social figures, left-wing political parties,
non-governmental organizations, political journalists, outspoken clergy, anti-mining activists, agricultural reform
activists, members of organizations that are allied or legal fronts of the communist movement like "Bayan group" or
[2][3]
suspected supporters of the NPA and its political wing, the Communist Party of the Philippines (CPP).

[4][5][6]
Extrajudicial killings are most commonly referred to as "salvaging" in Philippine English.  The word is
believed to be a direct Anglicization of Tagalog salbahe ("cruel", "barbaric"), from Spanish salvaje ("wild", "savage").
[7]

Extrajudicial killings (EJKs) is also synonymous with the term "extralegal killings" (ELKs). Extrajudicial/ extralegal
killings (EJKs/ ELKs) and enforced disappearances (EDs) are unique in the Philippines in as much as it is publicly
and commonly known to be committed also by non-state armed groups (NAGs) such as the New Peoples Army
(NPA) and the Moro Islamic Liberation Front (MILF). Though cases have been well documented with conservative
estimates of EJKs/ ELKs and EDs committed by the NPAs numbering to about 900-1,000 victims based on the
discovery of numerous mass grave sites all over country, legal mechanisms for accountability of non-state actors
have been weak if not wholly non-existent.

Contents
  [hide] 
 1Nature
 2Background
o 2.1Marcos regime
 3Remedies
o 3.1Malacañang's peace summit and
Puno's killings summit
o 3.2Promulgation of Writs of Amparo and
Habeas Data
o 3.3International groups' 2006 and 2008
probe of killings
o 3.4International criticism
 4International reports - the root cause of
killings
o 4.1Alston UN report
 o 4.2Failed investigations and prosecutions
o 4.3Eric G. John and G. Eugene Martin
testimonies
o 4.4FIDH report
o 4.52008 US Department of State report
o 4.6Judicial corruption
o 4.7Maguindanao massacre
o 4.8War on Drugs
 5Events
 6See also
o 6.1Monitoring organizations
 7References
 8External links
Nature[edit]
Philippine extrajudicial killings are politically motivated murders committed by government officers, punished by local
and international law or convention. They include assassinations; deaths due to strafing or indiscriminate firing;
massacre; summary execution is done if the victim becomes passive before the moment of death (i.e., abduction
leading to death); assassination means forthwith or instant killing while massacre is akin to genocide or mass
extermination; thus, killings occurred in many regions or places throughout the Philippines in different times - 136
[8]
killings in Southern Tagalog region were recorded by human rights group Karapatan from 2001 to May 19, 2006.
[9][10]

A forced disappearance (desaparecidos), on the other hand, as form of extrajudicial punishment is perpetrated by

government officers, when any of its public officers abducts an individual, to vanish from public view, resulting to
murder or plain sequestration. The victim is first kidnapped, then illegally detained in concentration camps, often
tortured, and finally executed and the corpse hidden. In Spanish and Portuguese, "disappeared people" are
called desaparecidos, a term which specifically refers to the mostly South American victims of state terrorism during
the 1970s and the 1980s, in particular concerning Operation Condor. In the International Convention for the
Protection of All Persons from Enforced Disappearance, "Enforced disappearance" is defined in Article 2 of
the United Nations Convention Against Torture as "the arrest, detention, abduction or any other form of deprivation
of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or
acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the
[11]
fate or whereabouts of the disappeared person, which place such a person outside the protection of the law."
[12]

[13]
Even if Philippine Republic Act No. 7438  provides for the rights of persons arrested, detained, it does not punish
acts of enforced disappearances. Thus, on August 27, Bayan Muna(People First), Gabriela Women's Party (GWP),
and Anakpawis (Toiling Masses) filed House Bill 2263 – "An act defining and penalizing the crime of enforced or
involuntary disappearance." Sen. Jinggoy Estrada also filed last June 30, 2007, Senate Bill No. 7 – "An Act
Penalizing the Commission of Acts of Torture and Involuntary Disappearance of Persons Arrested, Detained or
Under Custodial Investigation, and Granting Jurisdiction to the Commission on Human Rights to Conduct
Preliminary Investigation for Violation of the Custodial Rights of the Accused, Amending for this Purpose Sections 2,
[14][15][16]
3 and 4 of RA 7438, and for Other Purposes."
Background[edit]
Marcos regime[edit]
In 1995, 10,000 Filipinos won a U.S. class-suit against the Ferdinand Marcos estate. The charges were filed by
[17]
victims or their surviving relatives for torture, execution and disappearances. Human rights groups placed the
[18]
number of victims of extrajudicial killings under martial law  at 1500 and over 800 abductions; Karapatan (a local
human rights group's) records show 759 involuntarily disappeared (their bodies never found). Military
historian Alfred McCoy in his book "Closer than Brothers: Manhood at the Philippine Military Academy" and in his
speech "Dark Legacy" cites 3,257 extrajudicial killings, 35,000 torture victims, and 70,000 incarcerated during the
[19][20]
Marcos years.  The newspaper "Bulatlat" places the number of victims of arbitrary arrest and detention at
[21][22][23]
120,000.
The New People's Army (NPA) groups known as "Sparrow Units" were active in the mid-1980s, killing government
officials, police personnel, military members, and anyone else they targeted for elimination. They were also part of
an NPA operation called "Agaw Armas" (Filipino for "Stealing Weapons"), where they raided government armories
as well as stealing weapons from slain military and police personnel. A low level civil war with south Muslims, Al-
Qaeda sympathizers and communist insurgents has led to a general break down of law and order. The Philippines
[24][25][26]
government has promised to curb the killings, but is itself implicated in many of the killings.
Since 1975, the Armed Forces of the Philippines (AFP) was deeply concerned in politics. Because of the armed
conflict, the military continued its campaign versus the New People’s Army of the Communist Party of the
Philippines (CPP). Since 1969 it aimed to establish a Marxist regime with armed rebellion against the government.
On top of all these chaos, left-wing non-governmental organizations (NGOs) were/are critical of the Gloria
Macapagal-Arroyo administration. The members who associated with the CPP and NPA had been targeted as
victims in the spate of political killings. Human Rights Watch investigated extrajudicial murders in the Philippines in
[19][27][28]
September 2007.

Philip Alston
Three major investigation groups were commissioned and their final reports had been submitted and published:
the Gloria Macapagal-Arroyo government-appointed bodies: a) Task Force Usig created by her on August; as a
special police body, it was assigned to solve 10 cases of killings; it claimed having solved 21 cases, by initiating
court cases, but only 12 suspects were arrested; b) the Melo Commission (chaired by Supreme Court Associate
Justice Jose Melo) with members National Bureau of Investigation Director Nestor Mantaring, Chief State
Prosecutor Jovencito Zuño, Bishop Juan de dios Pueblos, and Nelia Torres Gonzales; its final report states: "There
is no official or sanctioned policy on the part of the military or its civilian superiors to resort to what other countries
euphemistically call "alternative procedures" – meaning illegal executions. However, there is certainly evidence
pointing the finger of suspicion at some elements and personalities in the armed forces, in particular General Jovito
Palparan, as responsible for an undetermined number of killings, by allowing, tolerating, and even encouraging the
[29]
killings." (Melo Commission report, p. 53),  and c) Philip Alston, the United Nations Special Rapporteur on
Extrajudicial Executions (February 12 to 21, 2007)

Remedies[edit]
Malacañang's peace summit and Puno's killings summit[edit]

 Because of the magnitude of Philippine killings and desaparecidos, 22nd Chief Justice Reynato Puno of
the Supreme Court of the Philippines called a National Consultative Summit on extrajudicial killings on July 16
and 17, 2007 at the Manila Hotel. Invited representatives from the branches of the government participated
(including the Armed Forces of the Philippines, the PNP, Commission on Human Rights (Philippines),
media, academe, civil society and other stakeholders). On the other hand, the Malacañang-sponsored
"Mindanao Peace and Security Summit" (July 8–10, 2007 at Cagayan de Oro City) concentrated on the anti-
[30][31]
terror law, or the Human Security Act (HSA) of 2007, to make it more acceptable to the public.  At the
July 16 summit, Reynato Puno stated that he Commission on Human Rights reported the number of victims at
 [32]
403 from 2001 to May 31, 2007, while Karapatan reported 863 deaths  until 2007, and more than 900 as of
May, 2008, and most of them were members of left wing groups. Karapatan further officially placed the number
of victims of human rights violations: forced evacuations or displacement at 7,442, by indiscriminate firing with
[33]
5,459 victims, and food and economic blockade with 3,042.  The rights group Desparecidos officially
reported as of May 15, 2008, 194 victims of enforced disappearances under the Arroyo administration, with the
latest abduction of National Democratic Front political consultant for Cagayan Valley, activist Randy Felix
[34]
Malayao, 39, a volunteer worker.
 Counsels for the Defense of Liberties (CODAL), Philippines, a lawyers’ organization stated that since 2001,
26 lawyers and 10 judges were killed due to their professions; 755 civilians had been killed extrajudicially, while
[35]
359 survived attacks, but 184 persons were still missing.
 Bishop Deogracias Iñiguez stated that on the CBCP/Catholic Church's count, the number of victims of
extrajudicial killings is 778, while survivors of "political assassinations" reached 370; 203 "massacre" were
victims, 186, missing or involuntarily disappeared, 502, tortured, or illegally arrested. Iñiguez denounced the
[36][37][38][39][40]
government's implementation of its Oplan Bantay Laya I and II.
Promulgation of Writs of Amparo and Habeas Data[edit]
Because of the inefficacy and insufficiency of the Philippines Writ of Habeas Corpus, on September 25, 2007, Chief
Justice Reynato Puno signed and released the Writ of Amparo: "This rule will provide the victims of extralegal
killings and enforced disappearances the protection they need and the promise of vindication for their rights. This
rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production,
inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those
who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold
them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty
[41][42][43][44]
is threatened or violated, they will find vindication in our courts of justice'."  Puno explained the
interim reliefs under amparo: temporary protection order (TPO), inspection order (IO), production order (PO), and
[45]
witness protection order (WPO, RA 6981).  As supplement to Amparo, on August 30, 2007, Puno (at Silliman
University in Dumaguete City, Negros Oriental) promised to release also the writ of habeas data (“you should have
the idea” or “you should have the data”) another new legal remedy to solve the extrajudicial killings and enforced
disappearances. Puno explained that the writ of amparo denies to authorities defense of simple denial, and habeas
data can find out what information is held by the officer, rectify or even the destroy erroneous data
[46]
gathered. Brazil used the writ, followed by Colombia, Paraguay, Peru, Argentina and Ecuador.

 On December 3, 2007, Reynato S. Puno stated that the writ released only three victims (including Luisito
Bustamante, Davao City), since amparo was enforced on October 24: "I would like to think that after the
enactment and effectivity (of the writ), the number of extrajudicial killings and disappearances have gone
[47]
down."
 On December 17, 2007, Iloilo regional trial court Judge Narciso Aguilar granted a writ of amparo against
President Gloria Macapagal-Arroyo and 9 military and police officials to release Nilo Arado and Maria Luisa
[48]
Posa-Dominado activists abducted on April 12.
 On December 19, 2007, Dra. Edita Burgos petitioned the Philippine Court of Appeals to issue a writ of
amparo against Armed Forces chief Gen. Hermogenes Esperon Jr and Army chief Lt. Gen. Alexander Yano
[49]
regarding her son Jonas's abduction on April 28.
 On December 27, 2007, the 2nd Division, Court of Appeals 30-page decision penned by Associate Justice
[50]
Lucas Bersamin granted the writ of amparo filed by Reynaldo and Raymond Manalo, abducted activists.
For other legal remedies see also Writ of Amparo and Habeas Data (Philippines)
International groups' 2006 and 2008 probe of killings [edit]
In 2006, the Dutch Lawyers for Lawyers Foundation and Lawyers without Borders with the support of the
Netherlands Bar Association, the Amsterdam Bar Association and the International Association of Democratic
Lawyers created a fact-finding mission in different parts of the Philippines. The international groups conducted
interviews of various legal sectors from June 15 to June 20, 2006.
From November 4–12, 2008, the Dutch Lawyers for Lawyers Foundation will conduct a follow-up verification
and fact finding mission (IVFFM) in Manila and Mindanao, with the National Host Committee, National Union of
Peoples' Lawyers (NUPL) and the Counsels for the Defense of Liberties (CODAL). This team is composed of 8
judges and lawyers from Belgium and Netherlands, who had dialogue with Reynato Puno on the probe of
[51] [52][53]
killings.  
International criticism[edit]
On September 28, 2007, the Asian Human Rights Commission (AHRC) criticized the Writ of Amparo and
Habeas Data (Philippines) for being insufficient: "Though it responds to practical areas it is still necessary that
further action must be taken in addition to this. The legislative bodies, House of Representatives and Senate,
should also initiate its own actions promptly and without delay. They must enact laws which ensure protection of
rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims."
AHRC objected since the writ failed to protect non-witnesses, even if they too face threats or risk to their lives.
[54]

International reports - the root cause of killings[edit]

Alston UN report[edit]

 Philip Alston submitted his final report on the killings; he found that the Armed Forces of the Philippines
killed left-wing activists to get rid of communist insurgents: "the executions had "eliminated civil society
leaders, including human rights defenders, trade unionists and land reform advocates, intimidated a vast
number of civil society actors, and narrowed the country’s political discourse." Alston denied for lack of merit
the government's claim that killings were perpetrated by communists to exterminate spies and to make
negative propaganda versus government. Alston, on February, 2007 stated that the military made alibis or
denials on its role about 800 deaths of activists and journalists since 2001. Alston blamed "impunity" which
caused the executions of journalists and leftist activists: "the priorities of the criminal justice system had
been "distorted," and had "increasingly focused on prosecuting civil society leaders rather than their killers."
But Alston noted the government's creation of – special courts to try extrajudicial killings, the Melo
[55][56]
Commission and the Philippine National Police's Task Force Usig.  In the November U.N. Alston
report - the killings in 2007 was only 68, huge drop from the 209 murdered in 2006. Karapatan published its
report however, listing 830 victims of extrajudicial killings since 2001, under Gloria Macapagal-Arroyo.
[57]
 On March 1, 2007, the Supreme Court of the Philippines issued Administrative Order No. 25-2007,
[58]
which created by designation 99 regional trial courts to try cases of killings and desaparecidos.
Failed investigations and prosecutions[edit]

 The United Nations Special Rapporteur on Extrajudicial Execution found that just on paper trails, cases are
filed; but Alston officially concluded that “there is a passivity, bordering on an abdication of responsibility,
which affects the way in which key institutions and actors approach their responsibilities in relation to such
human rights concerns; prosecutors refused to take a role in gathering evidence, and instead being purely
passive, waiting for the police to present them with a file; the Ombudsman’s office did almost nothing in
recent years in this regard, failing to act in any of the 44 complaints alleging extrajudicial executions
attributed to State agents submitted from 2002 to 2006." (“Preliminary note on the visit of the Special
Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, to the Philippines (12–21
[59][60]
February 2007),” A/HRC/4/20/Add.3, March 22, 2007, p. 4., etc.)
Eric G. John and G. Eugene Martin testimonies[edit]

 On March 14, 2007, Eric G. John, Deputy Assistant Secretary for East Asian and Pacific Affairs testified
before the USA Senate Subcommittee on Foreign Relations at Washington, D.C.John submitted his written
statement: a) the increase in extrajudicial killings, b) the “Huk Rebellion” in the 1940s and 50s causing
thousands of murdered victims; c) the communist New People’s Army (NPA), which was listed in the U.S.
State Department list of Foreign Terrorist Organizations campaigned to overthrow the government since
1968; d) Extrajudicial killings by the security forces, the NPA, etc. during the Marcos regime, were less; and
e) noted the report of UN Special Rapporteur Alston which submitted the Philippine Government’s
recognition of the gravity of the problem, expresses concern about the views of the Armed Forces of the
Philippines (AFP) regarding the problem, but much had to submitted that the reforms made did not and will
not resolve the killings. Mr. Alston's March report stated that "the question of resources or technical
expertise will partly resolve the killings but the strong risk is that these measures will treat only some of the
symptoms of the crisis, and will fail to address meaningfully two of the most important underlying causes of
a great many of the killings." (A/HRC/4/20/Add.3, March 22, 2007) Alston named two root causes of the
killings: (1) 'vilification', 'labeling’, or 'guilt by association' – "characterization of most groups on the left of the
political spectrum as ‘front organizations’ for armed groups whose aim is to destroy democracy" making the
groups "considered to be legitimate targets; and (2) the Government’s counter-insurgency strategy's extent
[61][62]
of facilitating killings of activists and others.  G. Eugene Martin specifically expanded the 2 causes
of the violence and killings: a) weak political and social institutions, corrupt and ineffective judicial system,
resulting to failure to obtain justice from corrupt Philippine courts; and b) the legacy of the Ferdinand
Marcos regime; Martial law caused the corrupt system where soldiers, police, judges and prosecutors
became principals of offenses like extralegal arrest, detention, incarceration, disappearances and killings
(salvaging), all permitted or allowed. He traced the spate of violence and killings to political instability of
 President Arroyo government; while she created the Independent Commission to Address Media and
Activist Killings, Melo Commission, she had no capability to end the killings, due to her political lameness
[62][62][63]
because of the 2004 election controversy.
FIDH report[edit]

 Three experts from the International Federation for Human Rights (abbreviated FIDH), Mr. Nabeel Rajab
(Bahrain), Mr. Mouloud Boumghar (France) and Mr. Frédéric Ceuppens (Belgium), came to the Philippines
on August 13 to 23, 2007. Their FIDH mission report stated that torture and ill-treatment was widespread
versus suspected "terrorists". The Filipino government is a signatory to the International Covenant on Civil
and Political Rights (ICCPR), and the UN Convention against Torture (CAT). The FIDH dismissed the
Philippines government's claim doubts that mechanisms were placed to stop the killings, as it questioned
the efficiency of – the corrupt judiciary, the government “Witness Protection Programme” ; also, judges and
lawyers were victims themselves of killings. It also found the Philippine anti-terrorism law ( “Human Security
[64]
Act”) to result in more torture and extrajudicial killings as a fight against terrorism.
2008 US Department of State report[edit]
On March 11, 2008, the US Department of State reported that "arbitrary, unlawful arrests and extrajudicial and
[65]
political killings continued to be a major problem in the Philippines in 2007. Washington stated that "many of
these killings went unsolved and unpunished despite intensified efforts of the government to investigate and
[66]
prosecute these cases."

Judicial corruption[edit]
On January 25, 2005, and on December 10, 2006, Philippines Social Weather Stations released the results of
its two surveys on corruption in the judiciary; it published that: a) like 1995, 1/4 of lawyers said many/very many
judges are corrupt. But (49%) stated that a judges received bribes, just 8% of lawyers admitted they reported
the bribery, because they could not prove it. [Tables 8-9]; judges, however, said, just 7% call many/very many
judges as corrupt[Tables 10-11];b) "Judges see some corruption; proportions who said - many/very many
corrupt judges or justices: 17% in reference to RTC judges, 14% to MTC judges, 12% to Court of Appeals
justices, 4% i to Shari'a Court judges, 4% to Sandiganbayan justices and 2% in reference to Supreme Court
[67][68]
justices [Table 15].

Maguindanao massacre[edit]

Symbolic 'Impuni-tree' planted for 3rd

anniversary of Maguindanao
massacre (University of the Philippines College
of Mass Communication, UP Diliman).
In the Maguindanao massacre in the Philippines on November 23, 2009, 57 people were killed while en route to
file an electoral certificate of candidacy for Esmael Mangudadatu, vice mayor of Buluan town, in upcoming
[69]
gubernatorial elections for Maguindanao province.  The dead included Mangudadatu's wife, his two sisters,
journalists, lawyers, aides, and motorists who were witnesses. At least 198 suspects were charged with murder,
including incumbent governor Andal Ampatuan Sr., and his son, Andal Ampatuan Jr. who was to be a candidate
[70]
to succeed him.  On November 16, 2010, the international non-governmental organization Human Rights
Watch issued a 96 page report titled "They Own the People," charting the Ampatuans’ rise to power, including
[71]
their use of violence to expand their control and eliminate threats to the family’s rule.

War on Drugs[edit]
Main article: Philippine Drug War
On July 2, 2016, the Communist Party of the Philippines stated that it "reiterates its standing order for
the NPA to carry out operations to disarm and arrest the chieftains of the biggest drug syndicates, as well as
other criminal syndicates involved in human rights violations and destruction of the environment" after its
[72][73]
political wing Bagong Alyansang Makabayan accepted Cabinet posts in the new government.  On July
3, the Philippine National Police said they had killed 30 alleged drug dealers since Duterte was sworn in as
[74][75] [76]
president on June 30.  They later stated they had killed 103 suspects between May 10 and July 7.

[77]
On August 26, 2016, the official death total reached 2,000.

Events[edit]

 In February, 2007, The U.S. ambassador to the Philippines has broken her silence and called on Manila to
end extrajudicial killings. On Feb. 27, Kristie Kenney U.S. ambassador to the Philippines alerted Mrs. Arroyo
as she voiced her call to end these killings: "Let's beef up the human rights in the Armed Forces of the
Philippines and make every effort to investigate, prosecute those responsible, [and] exonerate the
[78]
innocent."

 In August, 2007, the International Day of the Disappeared, Asian Human Rights Commission (AHRC)

ranked the Philippines among the top eight countries in Asia where forced disappearances of activists are
not just rampant but are done with impunity. Sri Lanka heads the list (statement posted on its website
(www.ahrchk.net)). The activists took part in the recent Human Rights School Session of the AHRC for
2007. The AHRC listed the other countries where forced disappearances take place with
[79]
impunity: Pakistan, Indonesia, Bangladesh, Nepal, Thailand, Philippines and parts of India.

 In September, 2007, Marie Hilao-Enriquez, Karapatan secretary-general, formally petitioned the United

Nations Human Rights Council (UNHRC) to direct the Philippine government to stop the extrajudicial
killings. She filed the report on 60 cases killings have been recorded by Karapatan from January to June,
[80][81]
2007, alone, with 17 cases of disappearances, 12 of torture and 113, of illegal arrests.

 On October 3, 2007 at Tarlac City, 69-year-old Bishop Alberto Ramento of the Iglesia Filipina Independiente
(IFI), or Philippine Independent Church, and a vocal critic of killings under the Arroyo government, was
[82]
stabbed 7 times and killed.

 The December 11, 2006 Philippines National Police’s Task Force Usig submitted 115 cases of “slain party
list /militant members” since 2001, and 26 cases of “mediamen”. The Philippine Daily Inquirer published 299
killings from October 2001 and April 2007 (See e.g. Alcuin Papa, “3 US solons to PNP: Respect human
[83]
rights,” Philippine Daily Inquirer, April 18, 2007)

 The December 2007 year end report of Karapatan (Alliance for the Advance of People’s Rights) noted only
68 extrajudicial killings vis-a-vis year 2006 209 victims. Karapatan also reported 16,307 human rights
violations just for 2007 (which include killings to forcible displacement of communities). Therefore, aside
from the 887 killings since 2001 under Mrs. Arroyo, Karapatan, just for 2007, underscored 35 victims of
political killings; 26, of enforced or involuntary disappearance; 8, of abduction; 29, of torture; 129, of illegal
arrest; 116, of illegal detention; 330, of threat, harassment and intimidation; 7,542, of forcible evacuation or
displacement, 3,600, of “hamletting”, interalia. As only solution, it petitioned the resignation of Mrs. Arroyo.
[84]
 (with 356 left-wing activists murdered). The Philippines armed forces battled the Communists since
[85]
1969, with about 40,000 victims killed, and it had to ward off killings by Muslim radicals.  However,
Justice Undersecretary Ricardo Blancaflor, head of Task Force on Political Violence contradicted
 Karapatan's submission only on the number of killings. PNP's Task Force Usig, according to Blancaflor
[86]
noted only 141 cases, of which, only 114 are party list members or leftist activists.

 On December 13, 2007, Philippine Human Rights Commissioner Dominador Calamba II, at the Philippine
Working Group for an Asean Human Rights Mechanism forum denounced the failure of the government in
its treaty reporting to the United Nations, due to "13 reports overdue" (reports due on implementation of
international covenants signed by the Philippines to solve discrimination, forced disappearances and
extrajudicial killings). Calamba reported 383 killings filed with the CHR, of which 145 were extrajudicial or
[87]
political in form.

 On January 1, 2008, the National Union of Journalists (NUJ) paid tribute to 171 journalists killed in 2007.
Citing data published by International Federation of Journalists: Iraq was number one, with 65 deaths; in
the Philippines, 6 journalists killed on 2007 were Hernani Pastolero (Sultan Kudarat), Carmelito Palacios
(Nueva Ecija), Dodie Nunez (Cavite), Geruncio "Oscar" Mondejar (Mandaue), Vicente Sumalpong (Tawi-
Tawi) and Fernando "Batman" Lintuan (Davao City); 54 journalists were murdered under the administration
of President Gloria Macapagal-Arroyo. In 2006, INSI stated that the Philippines was the 2nd most
[88]
dangerous country for journalists, next to Iraq, listing 15 work-related journalists murdered.  On January
4, 2008, the International Federation of Journalists (IFJ) Asia-Pacific director Jacqueline Park denounced
the murders of broadcasters Fernando Lintuan in Davao City and former journalist Romelito Oval, Jr. It
petitioned the Philippine government to fully investigate 2007 journalists' killings: "5 journalists as well as
Oval were killed in the Philippines in 2007, which is shocking and reveals the extreme dangers that
journalists face every day in trying to carry out their work. There will be no press freedom in the Philippines
[89]
until this (situation) changes."

 On January 4, 2008, Anakpawis Rep. Crispin Beltran filed House Resolution 299 with the House of

Representatives of the Philippines to investigate the murders and harassment of trade union/labor leaders
in the Philippines. He cited the 2007 annual Survey of Trade Union Rights Violations of the International
Trade Union Confederation: "33 of the total 144 cases of trade union killings worldwide happened in the
[90][91]
Philippines; and 800 cases of beatings and torture of trade unionists in the country."

 On January 9, 2008, PNP Task Force Usig announced that 3 policemen, 11 soldiers and 3 militiamen had
been arrested or named suspects in killings of media men and militants since 2001. Director Jefferson P.
Soriano submitted the report with the 17 names to PNP chief Avelino Razon. As of December 10, TF Usig
[92]
prosecuted 113 killings cases of party-list members, leftist activists and 27 journalists.

 Twin horrible deaths happened on/circa the same day last year, January 15, 2007, that the Supreme Court
of the Philippines' (logo or seal) was mysteriously burned into halves by an almost one hour afternoon fire.
[93][94]
 Despite different appeals by local and international groups, the spate of extrajudicial killings in the
Philippines continued. On January 15, 2008, Reynato Puno condemned the murder of Judge Roberto
Navidad, Regional Trial Court, Branch 32, Calbayog City, Samar, the 15th judge to be ambushed since July
20, 1999, the 14th under the Arroyo government. Just starting his engine, black Nissan Patrol SUV (TPL-
911), Natividad was shot in the face/left eye, at 7:10 p.m. Monday, by a lone gunman, 5’4" tall and medium-
[95]
built, wearing black jacket, using a 45 caliber pistol.  On Tuesday, Catholic missionary Rey Roda,
Oblates of Marry Immaculate (OMI), 54, was shot dead at 8:30 p.m., when he resisted abduction attempt by
unidentified 10 armed men in a chapel at ikud Tabawan village, South Ubian, Tawi-Tawi, South Ubian. In
February 1997, another OMI leader, Bishop Benjamin de Jesus was shot dead in front of the Jolo cathedral.
[96]
 In 2006, the Asian Human Rights Commission stated that there had been 26 priests, pastors, and
churchmen who were executed or were victims of violence under the Gloria Macapagal-
[97]
Arroyo administration since 2001.  This includes 3 priests who were reported killed just in 2007: Basilio
Bautista of the Iglesia Filipina Reform Group, in Surigao del Sur, Indonesian priest Fransiskus Madhu, in
[98]
Kalinga province, and Catholic priest Florante Rigonan, in Ilocos Norte.  On January 19, 2008,
the Catholic Bishops Conference of the Philippines (quoting from a letter of Vatican Secretary of
 State Cardinal Tarciso Bertone), announced that Pope Benedict XVI "praised the courage of, and was
saddened over the brutal and tragic killing of Fr. Reynaldo Roda in his ministry as head of Notre Dame
School." The Pope wrote Jolo Bishop Angelito Lampon: "calls upon the perpetrators to renounce the ways
of violence and to play their part in building a just and peaceful society, where all can live together in
[99]
harmony."

 On January 16, 2008, the New York-based international democracy watchdog Freedom House dropped or
relegated the "freedom status" of the Philippines to partially free from a list of totally free countries. It based
its Philippine status downgrade on the spate of political killings, "specifically targeting left-wing political
[100]
activists in the country, freedom in the sloped downward."

 On January 18, 2008, the Kilusang Magbubukid ng Pilipinas (KMP), led by KMP chairman Rafael "Ka
Paeng" Mariano (president of the Anakpawis), condemned the January 12 kidnappingand January 16
extrajudicial killing and torture of their farmer and local leader Teldo Rebamonte, 45, Masbate People’s
Organization (who was supposed to join the commemoration of the Mendiola Massacre) in Barangay
[101]
Nabasagan, Concepcion in Claveria, Burias Island, Masbate.

 On January 23, Karapatan announced that the two latest victims of extrajudicial killings were: Tildo
Rebamonte, 45, a Claveria, Masbate carpenter, who was gunned down on January 16, four days after he
was allegedly kidnapped by the Philippine National Police’s Regional Mobile Group; and ex-political
[102]
prisoner Ronald Sendrijas, 35, who was shot dead in Tagbilaran City, Bohol on January 17.

 On January 23, 2008, (or in just nine days after the murder of a priest) Pastor Felicisimo Catambis, 60, of
the United Church of Christ in the Philippines (UCCP) in Catugan, Barangay (village) Balucawe, Leyte town
[103]
was shot dead by a still unknown assailant.

 On March 14, 2008, Filipino lawyer Edre Olalia (lead officer of the National Union of Peoples’ Lawyers and
the Counsels for the Defense of Liberties) brought the Philippine case and appealed to the United Nations
Human Rights Council (UNHRC), in its 7th Geneva session "to stop the extrajudicial killings and abductions
in the Philippines". Philippines killings will be examined in the first UNHRC session, periodic review from
[104]
April 7 to 18, along with those in 15 others of 192 member-countries.

 Deepak Obhrai, Parliamentary Secretary to the Minister of Foreign Affairs, in a statement at Canada's
House of Commons, commended "the laudable role of the Supreme Court in the preservation of human
rights and in the pursuit of justice." Canadian Ambassador Robert Desjanis sent the document to Chief
Justice Reynato Puno "to underline the value that the government of Canada attaches to your efforts in this
[105]
regard as well as to our continued collaboration in the Justice Reform Initiatives Support Project."

 In the March, 2008 US Department of State, 2007 Country Reports on Human Rights Practices, the US
found that extrajudicial and political killings, including those of journalists, by members of the military, police,
Communist rebels and other terrorist groups / perpetrators continue to be a major problem in the
Philippines. The report added that "despite intensified efforts by the Philippine government to investigate
[106]
and prosecute these cases, many went unsolved and unpunished."

 The delegates to the 6th Congress of the National Union of Journalists of the Philippines (NUJP), led by
chairman Jose Torres Jr. renewed calls to an end to unabated media killing. It reported that the list of
journalists murdered swelled from 60 in 2001 to 96 in 2008. The most recent victims were gunned down
local radio broadcasters of Radio Mindanao Network, Dennis Cuesta from General Santos City, and Martin
[107]
Roxas of Roxas City, Capiz.  The NUJP declared August 20, a "National Day of Mourning" as
 journalists wore black in protest, as they paid tribute to slain media practitioners at the Bantayog ng mga
[108]
Bayani in Quezon City.

 MANILA, Philippines – A recent

report by international human rights
watchdog Front Line Defenders said
President Rodrigo Duterte
"normalized the act of extrajudicial
killing in his war on drugs" – a
campaign which has already
seen over 6,200 deaths in the
Philippines in the last 6 months.
 "In the Philippines – which already
ranks as the most dangerous country
in Asia for [human rights defenders]
– President Rodrigo Duterte
normalized the act of extrajudicial
killing in his war on drugs, lowering
the political cost of murder and thus
raising the risk to defenders whose
 work threatens powerful interests,"
the Front Line Defenders said in
its Annual Report on Human Rights
Defenders at Risk in 2016.
 The report released this week said
that at least 31 human rights
defenders (HRDs) in the Philippines
were murdered in 2016. The
group also reported 31 deaths in
2015.


 –– ADVERTISEMENT ––



 "By calling for the extrajudicial killing
of those involved in the drug trade,
President Duterte has helped create
an environment where murder is
being promoted as an acceptable
 method of dealing with certain
problems," the report read.
 Duterte, however, often says
contradictory things about his policy
on drug personalities. In
December, he denied allegations
that killings being linked to his war on
drugs are state-sponsored.
(READ: Duterte: We will investigate
mysterious killings)
 He even warned the police and the
military against killing innocent
people, but months earlier he
reminded soldiers that no matter how
many criminals they kill in the line of
duty, he will pardon them and even
give them a promotion.
 The Front Line Defenders in its
report also called out Duterte for
"threatening to kill HRDs because of
their criticism of allegedly drug-
related extrajudicial killings."
(READ: Duterte's threats alarm rights
groups)
 The group pointed out that the
President's threat "is liable to have a
profound impact on the security of
HRDs who are already at grave risk."
 According to the group, many attacks
in 2016 targeted indigenous or
environmental rights HRDs in the
Philippines who are opposed to
extractive or polluting industries.
 The report singled out indigenous
peoples' rights defender Teresita
Navacilla, who was shot dead by two
unidentified armed men in Southern
Mindanao.
 "The attack was alleged to have
been perpetrated by soldiers
assigned to secure a mining project
that the WHRD [woman human
rights defender] campaigned against
on environmental grounds. There
was no progress in the investigation
into her murder," the report said.
 Global figures
 Globally, a total of 281 HRDs were
killed in 25 countries in 2016, and
49% of them were defenders of land,
indigenous, and environmental
rights.
 The report noted that "in the vast
majority of cases, killings were
preceded by warnings, death threats
and intimidation which, when
reported to police, were routinely
ignored."
 In a statement on Tuesday, January
3, Front Line Defenders Executive
Director Andrew Anderson
demanded "an urgent and
systematic response" from 6
countries, including the Philippines,
for the killings of HRDs.
 "This report honors the hundreds of
defenders killed in 2016. We mourn
their loss and celebrate their lives
and achievements. Each and every
peaceful HRD killed is an outrage.
 The scale of the killings in Brazil,
Colombia, Guatemala, Honduras,
Mexico and the Philippines is a
bloody indictment of the
governments concerned; it demands
an urgent and systematic response,"
Anderson said.
 In 2016, many HRDs worldwide were
also harassed, detained, or
subjected to smear campaigns and
other violations. The report also
documented hundreds of physical,
legal, and social attacks on activists.
 Criminalization, according to the
Front Line Defenders, was
governments' "first choice...to silence
defenders and to dissuade others."
 In fact, arbitrary detention was
reportedly widespread in 2016,
ranging from a few hours of
detention in Nicaragua to prevent
HRDs from attending protests, to
years-long house arrests in China.
 Smear campaigns
 The organization also called out
another leader, UK Prime Minister
Theresa May, for criticizing "activist
left-wing human rights lawyers" who
tried to hold British soldiers
responsible for murder in conflict
zones.
 "This type of stigmatization of human
rights defenders, and smear
campaigns that place them in
physical danger, are tactics
employed around the world," said
Andrea Rocca, Head of Protection at
Front Line Defenders.
 "Such comments feed an insidious
narrative which questions the
universal nature of human rights, and
puts the burden on activists to
defend the legitimacy of their
peaceful, critical work."
 The Front Line Defenders report also
discussed the threats against HRDs
 in Bangladesh, and in European
countries such as Hungary, Poland,
Greece, and Turkey, where
organizations assisting refugees face
harassment due to the "increasing
anti-immigrant sentiments and
xenophobia." – Rappler.com

 Duterte to
critics:
What
extrajudici
al killings?
 By: Nestor P. Burgos Jr. - @inquirerdotnet
 Inquirer Visayas / 11:34 PM April 23, 2017
SAN JOSE, ANTIQUE—
President Duterte disputed
allegations and reports from
local and international news
organizations on the
involvement of policemen in 
cases of extrajudicial killings
of drug personalities.
“Extrajudicial killing? Hindi
amin yun, kanila yun. (It’s not
ours, it’s theirs),” the President
said during his speech at the
opening of the Palarong
Pambansa 2017 at the Evelio B.
Javier Memorial Sports
Complex.

 –– ADVERTISEMENT ––



It was unclear who the
President was referring as
those behind the killings.
 ADVERTISEMENT
But he added: “Remember that
I fired nine generals when I
became president for being
into drugs. What do you think
is really happening?”
He also said that people who
“keep on harping” about the
killings “cannot accept defeat.”
The President refuted a
supposed claim of 10,000
victims of extrajudicial
killings.
But he admitted that there
were about 600-700 drug
personalities who died in
Davao City when he was
mayor for 23 years.
“My order to the police and
military was to go out and
hunt for them, not to kill them
but arrest them, if still
possible. But if they confront
you violently, then shoot the
idiot because it’s either you or
him who will die,” the
President said.
  ADVERTISING

He also again lashed at the

United States for “stupid
statements,” questioning the
American invasion of Iraq on
the false premise of the
existence of weapons of mass
destruction, and similar acts
on Libya and involvement in
the Vietnam War.
The President also cited racial
abuses and attacks in the US.

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killings#ixzz4uIb1vBGx 
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Thoughts on Extrajudicial Killings

and Unexplained Disappearances
by: PJ Ruben T. Reyes and J. Mariano
C. Del Castillo 
Sadly, the Philippines in the eyes of the
international community has a very poor
human rights record due to its alarming
incidence of extrajudicial killings and
unexplained disappearances/abductions of
private individuals without anyone being
held accountable. And now, various sectors
of the society are prodded to seek for
viable solutions to address the poor human
rights problems of the country.
We sincerely believe that the root of the
problem is not really much on the laws
related to curbing and punishing human
rights violators. Actually, it has always
been the implementation of these laws. As
part of the judicial institution whose power
is drawn from the pen, we are here to
present some issues to be mulled over.
1. There is a need for a clear-cut definition
of what ‘extrajudicial killing’ is, for
homicide and murder are ‘extrajudicial
killings’ too. The name is a misnomer since
every killing, outside of the death penalty,
is extrajudicial. Shouldn’t the crime be
called a ‘political killing’ instead? When will
a case fall under ‘extrajudicial killings’ in
order that the special court can assume
jurisdiction? Thus, the motive must be
determined during investigation. This is
relevant in the light of the existence of
special courts to handle such cases. A
categorical definition would pinpoint who
are to be held liable and who are the
victims.
An international NGO observed that such
‘extrajudicial killings’ in the Philippines
show a common pattern:
 “Surveillance and threats to the victims
presumptively by officers;
 Finding their names in an “Order of
Battle” by military commanders;
 Victim has an affiliation with lawful
activist or leftist movements and
political parties (including labor,
journalism, women, peasants,
environmental and other sectors);
 Assassination (often in front of the
families and friends) by hooded persons
often driving motorbikes or unlicensed
vehicles;
 Scant investigation;
 Witness intimidation and sometimes
witness murder.”
The above traits, however, may also be
present in killings made by groups like the
Abu Sayaff, MILF, or even political
opponents. How then do we distinguish
these crimes, especially in determining
jurisdiction of special courts?
2. The investigation, evidence-gathering,
and the witness protection program of the
State must be strengthened. A speedy and
full investigation on the part of the police
must be done. Also, the witnesses to these
human rights crimes must be encouraged
to testify, for they will have to go up
against the police and the military. They
must be assured that they will be protected
during the investigation and the trial
proceedings.
3. The possibility of putting up a
multisectoral agency composed of
representatives from the NGOs, civil
society, military, police, church, media,
and the judiciary. Such will focus solely on
investigating such human rights crimes and
serve as prosecutor. And this agency can
report its findings to the court handling the
case.
4. The need to educate and orient the
police and military thru seminars about our
laws on human rights, reminding them that
the country is a civilian society and that
the rights of the people to association, to
privacy, to liberty, and to life, must be
protected at all times. The police and
military should act within the bounds of law
and not attack indiscriminately whom they
call ‘insurgents.’
5. The judiciary will have to bring back the
confidence of the people in it by speedily
disposing cases involving human rights
violations, holding the perpetrators fully
accountable to the crimes. Incidentally,
another thing to consider is this: If one is
merely acting under the orders of a
‘superior,’ will the former be exculpated or
will there be a solidary liability as
principals?
We hope that this summit will not turn out
to be just rhetoric. The judiciary for sure is
facing another challenge and expresses its
cooperation to address the problem. The
bottom line is actually the political will —
Are we ready to prosecute the top guns
behind these human rights crimes?
References:

https://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines

https://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines

https://www.rappler.com/nation/157528-duterte-extrajudicial-killing-human-rights
http://newsinfo.inquirer.net/891359/duterte-to-critics-what-extrajudicial-killings

http://ca.judiciary.gov.ph/index.php?action=mnuactual_contents&ap=j5050