Duterte tells cops to continue drug war

DAVAO CITY – Outgoing President Rodrigo Duterte has urged the police to continue his war on drugs, saying the illegal trade now runs into billions of pesos and the country only has a small window to operate since he is stepping down at the end of this month.

Duterte, who is being investigated by the International Criminal Court (ICC) for his deadly drug war, asked law enforcers to always remember the country’s welfare and maintain the momentum in the ongoing fight against the proliferation of illegal drugs.

He expressed fear the illegal drug trade will continue because of the huge amount of money involved. “Mayroon na lang tayong pinakamaliit na window to operate at ‘yun ang… Mabuti na lang our institutions are there really. I still trust the police. Mayroong mga scalawags, mayroon ring nasa droga pero they — a few of them. And yet the police had to police its own ranks,” the president said.

“I would encourage the PNP na to remember their country irrespective of kaming mga leaders kung sino, dumadaan lang man kami. We are just a passing scene sa ating national — sa history natin. Huwag lang sana ninyong bitawan ‘yung fervor ninyo sa inyong puso na huwag — despite or in spite kung sino ang ano, paalis na ako. Try to maintain your momentum against the drug problem,” he added.

Aside from the police, Duterte also called on the military to throw its support in the drug fight, stressing the danger posed by illegal narcotics especially to the young generation.

Interior Secretary Eduardo Año reported that the Philippine National Police and the Philippine Drug Enforcement Agency, including the National Bureau of Investigation have seized nearly P1 billion worth of crystal meth and cannabis in recent weeks.

Duterte previously called on the President-elect Bongbong Marcos to continue the anti-drug campaign.

ICC probe

Last September, the ICC’s Pre-Trial Chamber I said it has granted Prosecutor’s Fatou Bensouda’s request to commence an investigation in relation to crimes within the jurisdiction of the Court allegedly committed in the Philippines between November 1, 2011 and March 16, 2019 in the context of the so-called “war on drugs” campaign.

It can be recalled that on June 14, 2021, Bensouda filed a public redacted version of the request to open an investigation, initially submitted on May 24, 2021, requesting authorisation to commence an investigation into the situation in the Philippines, as provided for in Article 15(3) of the Rome Statute.

Before her term ended in June, Bensouda sought authorisation from The Hague tribunal to open a full investigation into Duterte’s ongoing war on drugs that reportedly killed thousands of people, including innocent children.

Bensouda said a preliminary probe that began in February 2018 determined “that there is a reasonable basis to believe that the Crime against Humanity of murder was committed” in the Philippines between July 1, 2016 and March 16, 2019, which was when Duterte ordered that the Philippines withdraw from the court.

The suspected crimes happened “in the context of the government of Philippines ‘war on drugs’ campaign,” Bensouda said in a statement announcing that she was seeking judicial authorisation to proceed with a full investigation.

“Information obtained by the Prosecution suggests that state actors, primarily members of the Philippine security forces, killed thousands of suspected drug users and other civilians during official law enforcement operations,” she said.

Drug Suspects

Duterte launched his deadly campaign against narcotics shortly after his victory in the May 2016 presidential election. He ran on a single issue of fighting crimes in the Philippines, and during his campaign and later as president, Duterte repeatedly urged police to “kill” drug suspects.

The latest government data shows that as of the end of April 2021, police and security forces have killed at least 6,117 suspected drug dealers during operations, although earlier government figures showed at least 8,600 deaths.

A police report in 2017, however, referred to 16,355 “homicide cases under investigations” as accomplishments in the drugs war. As early as December 2016, Al Jazeera had already reported more than 6,000 deaths in the drug war, raising questions about the inconsistency of the government’s numbers.

The Pre-Trial Chamber I is composed of Judge Peter Kovacs, Presiding Judge Reine Adélaide Sophie Alapini-Gansou and Judge Maria del Socorro Flores Liera, examined the Prosecutor’s request and supporting material. The Chamber also considered 204 victims' representations received pursuant to Article 15(3) of the Statute.

In accordance with Article 15(4) of the Statute, the Chamber found that there is a reasonable basis to proceed with an investigation, noting that specific legal element of the crime against humanity of murder under Article 7(1)(a) of the Statute has been met with respect to the killings committed throughout the Philippines between July 1, 2016 and March 16, 2019 in the context of the so-called “war on drugs” campaign, as well as with respect to the killings in the Davao area between November 1, 2011 and June 30, 2016.

The Chamber also emphasised that, based on the facts as they emerge at the present stage and subject to proper investigation and further analysis, the so-called “war on drugs” campaign cannot be seen as a legitimate law enforcement operation, and the killings neither as legitimate nor as mere excesses in an otherwise legitimate operation. Rather, the available material indicates, to the required standard, that a widespread and systematic attack against the civilian population took place pursuant to or in furtherance of a State policy, within the meaning of Article 7(1) and (2)(a) of the Statute.

The Philippines, State party to the Rome Statute since November 1, 2011, filed a written notification of withdrawal from the Statute on March 17, 2018. While the Philippines’ withdrawal from the Statute took effect on March 17, 2019, the Court retains jurisdiction with respect to alleged crimes that occurred in the Philippines while it was a State Party, from November 1, 2011 up to and including March `6, 2019.

While the relevant crimes appear to have continued after this date, the Chamber said it noted that alleged crimes identified in the Article 15(3) Request are limited to those during the period when the Philippines was a State Party to the Statute and was bound by its provisions.

Human rights groups said the number of deaths could be at least 27,000, and accused the authorities of carrying out summary executions that killed innocent suspects including children. Countless people were also killed by “unknown” gunmen.

Police said the suspects were killed when they resisted arrest and became violent, but there have been documented cases of suspects being executed, or survivors saying police shot unarmed civilians.

The drug war killings have also continued even in the middle of the coronavirus pandemic and lockdown, as Duterte vowed that there is no stopping in pursuing suspects.

Bensouda said prosecutors also reviewed allegations of “torture and other inhumane acts, and related events” dating back to November 1, 2011, “all of which we believe require investigation.” Duterte’s drug war, she said, shows “a State policy to attack civilians”.

Those allegations center in the city of Davao, where Duterte served as mayor for about two decades. In 2017, a retired police officer had linked Duterte and his men to nearly 200 killings in Davao.

Will Not Cooperate

Former Presidential spokesman Harry Roque previously dismissed the decision as “legally erroneous and politically motivated,” saying: “The President will never cooperate until the end of his term on June 30.”

He also said that the ICC “has no jurisdiction” of the alleged crimes, adding that the police officers have “the right to defend” themselves using “reasonable force” during drug operations, “and therefore, justified by the principle of necessity and proportionality.”

In an address recorded a week before the news of Bensouda’s request broke, Duterte called on human rights organisations to take a closer look into his war on drugs. “You would notice that there are really people who die almost daily because they fought back,” he said, warning drug dealers: “Do not destroy the country. I will kill you.”

Amnesty International welcomed the ICC probe and described it as a “landmark step” after noting that the killings continued unabated. “This announcement is a moment of hope for thousands of families in the Philippines who are grieving those lost to the government’s so-called ‘war on drugs’,” said Agnes Callamard, the Secretary General of Amnesty International. “This is a much-awaited step in putting murderous incitement by President Duterte and his administration to an end.”

Duterte had previously called Bensouda “that black woman,” while calling Callamard as “skinny” and “malnourished.” 

The “war on drugs” has been a cornerstone of Duterte’s presidency since he came to power promising to crush crime, despite criticism from opponents and human rights groups of widespread abuses. (Mindanao Examiner)