A New Zealand-based Filipino solidarity network has welcomed the arrest of former Philippine president Rodrigo Duterte by Interpol on charges of crimes against humanity on a warrant by the International Criminal Court (ICC).

“We congratulate the human rights activists — both from the Philippines and around the world — who held the line and relentlessly pursued justice for Filipino victims of the former Duterte regime,” said the Aotearoa-Philippines Solidarity (APS) in a statement.

“This arrest is a long time coming, with Duterte having been complicit in the extrajudicial killings of activists, trade unionists, indigenous peoples’ advocates, peasants and human rights lawyers since he was president back in 2016.

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“His brutal and merciless so-called ‘war on drugs’ also led to the deaths of thousands of Filipinos — many of which were not involved in the drug trade at all or were merely drug addicts and low-level drug peddlers.

“Their only ‘crime’ was that they were poor, as documented by many human rights watchdogs that Duterte’s fake ‘drug war’ disproportionately targeted poor Filipinos.”

The APS statement said that Duterte had admitted to these crimes when he faced an inquiry before the Philippines’ House of Representatives in October last year.

“In that hearing, the former president admitted the existence of ‘death squads’ composed of ‘gang members’ and Philippine police personnel who would ‘neutralise’ drug suspects – both when he was president and as mayor of Davao City.

Police ordered to ‘goad suspects’
“He also [revealed] that he [had] instructed members of the Philippine National Police (PNP) to goad suspects to fight back or attempt to escape so they would have a reason to kill them.”

The APS noted that all these actions constituted crimes against humanity, the very charge laid against him by the ICC. Since the initial charges were laid against Duterte in 2017 by human rights activists, many had anticipated the day he would finally face justice.

“This arrest is a historic step towards justice and a reminder to all that no one is above the law. The APS extends our best wishes to the bereaved families of those killed during Duterte’s unjust ‘war on drugs’ and also its survivors,” the statement said.

The APS said challenge now was to ensure that justice was meted out by the ICC and Duterte was punished for his crimes.

“Let us not allow this monumental victory slip from our hands and ensure that all evidence against Duterte is brought to light and he faces consequences for the human rights violations he committed against the Filipino people.”

The statement said that Duterte’s arrest also served as a “warning to the US-Marcos regime” that any abuse of their powers and attacks on human rights would not go unpunished.

The continuation of indiscriminate military operations which violated international humanitarian law would also lead to the downfall of President Ferdinand Marcos Jr — who is the son of the 1970s dictator who declared martial law.

Church groups and human rights advocates are holding the Duterte administration accountable for the spate of attacks which killed 10 activists in a span of two days.

The slain victims were two religious leaders in Luzon and eight Lumad indigenous activists massacred in Mindanao.

In an protest rally at the Boys Scout Circle in Quezon City on Tuesday, progressives condemned the killings of civilians and activists, either in military operations, or assassination-style by suspected military death squads.

The attacks, they said, were reminiscent of the open fascist rule during the Marcos dictatorship and during the “undeclared martial law” under the administration of President Gloria Arroyo.

The protesters, led by Karapatan, the Promotion of Church People’s Response (PCPR) and Rural Missionaries of the Philippines (RMP) vowed to also raise the level of opposition to “state terrorism” and call for justice in a big protest in Luneta, Manila on December 10 – International Human Rights Day on Sunday.

“Indeed, this fascist and terrorist regime has turned the entire country into a killing field,” said Karapatan secretary general Cristina Palabay in a statement.

Since Sunday, December 3, Karapatan has been sending out one urgent alert after another, about various human rights violations happening all over the country.

‘Open targets’
The human rights group denounced how unarmed civilians have become “open targets by state security forces, emboldened and reassured by their commander-in-chief”.

At 10:45 on Monday night, December 4, Catholic priest Marcelito “Tito” Paez, 72, died from nine gunshot wounds in a hospital where he was rushed after being attacked by motorcycle-riding men. He was the first Catholic priest killed extrajudicially under Duterte.

On December 3, Pastor Lovelito Quiñones, 57, was shot dead by the Police Regional Mobile Group in Mansalay, Oriental Mindoro. Karapatan cited that the Army’s 203rd Brigade claimed the victim was a “New People’s Army guerrilla,” which his relatives rejected and said the RMG planted a .45 calibre pistol as “evidence”.

Quiñones, a pastor of King’s Glory Ministry, was on his motorcycle heading home in Don Pedro village when he was shot in the chest. The Army’s 4th Infantry Division alleged that there was an encounter in the area.

On the same day in South Cotabato province in Mindanao, eight Lumad residents were shot dead by a composite team of soldiers of the 27th Infantry Battalion and Philippine Marines in sitio (subvillage) Datal Bong Langon, Ned village, Lake Sebu.

Killed were: Victor Danyan, Victor Danyan Jr., Artemio Danyan, Pato Celardo, Samuel Angkoy, To Diamante, Bobot Lagase, and Mateng Bantal. Two others were wounded: Luben and Teteng Laod.

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By Mara Cepeda in Manila

A proposed measure seeking to reimpose the death penalty in the Philippines has decisively passed the House committee level.

Voting 12-6-1, the panel approved the committee report on House Bill Number 1, which seeks to reinstate capital punishment for all “heinous crimes”, including the following:

• Treason
• Qualified piracy
• Qualified bribery
• Parricide
• Murder
• Infanticide
• Rape
• Kidnapping and serious illegal detention
• Robbery with violence against or intimidation of persons
• Destructive arson
• Plunder
• Importation of dangerous drugs and/or controlled precursors and essential chemicals
• Sale, trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs and/or controlled precursors and essential chemicals
• Maintenance of a drug den, dive, or resort
• Manufacture of dangerous drugs and/or controlled precursors and essential chemicals
• Possession of dangerous drugs
• Cultivation or culture of plants classified as dangerous drugs or are sources thereof
• Unlawful prescription of dangerous drugs
• Criminal liability of a public officer or employee for misappropriation, misapplication, or failure to account for the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful act committed
• Criminal liability for planting evidence concerning illegal drugs
• Carnapping

The bill outlines specific conditions on how these crimes were committed for a violator to be given the death penalty. The measure also provides 3 methods to carry out the death penalty: by hanging, firing squad, or lethal injection. (House death penalty bill: How they voted)

Speaker Pantaleon Alvarez, one of the co-authors of the bill, is hoping that the bill would be passed on 3rd and final reading before Congress goes on Christmas break next week.

The measure is also one of the priority bills of President Rodrigo Duterte, who counts more than 250 congressmen as his allies.

Punishment for ‘Satans’?
For Leyte 3rd District Representative Vicente Veloso, the death penalty bill seeks to punish individuals who repeatedly commit heinous crimes. The lawmaker compared them to “Satan”.

“What the substitute bill says, in our penal system, especially the Revised Penal Code, the maximum penalty there is life imprisonment. The problem really is we have a guy who keeps on raping, kidnapping for ransom people repeatedly, he commits the same offenses,” Veloso said at the committee meeting.

“If in front of you is Satan, what can courts do? None, because the maximum penalty provided for in our penal system is life imprisonment. Kung ang nasa harapan mo ay si Satanas na mismo, oh my God! Bigyan mo naman ang gobyerno ng option para patayin na ‘yan. Satanas na ‘yan ah (If the person in front of you is Satan himself, oh my God! Give the government the option to kill him. That is Satan already)!”

Majority Leader Rodolfo Fariñas also reasoned that the 1987 Constitution allows the death penalty to be implemented if Congress finds compelling reasons to do so.

Section 19, Article III reads: “Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.”

Fariñas said there would no discussions on the reimposition of the death penalty now, had the framers of the Constitution completely removed the particular provision.

Bring back trust in legal system
“Nilagay nga po nila [na bawal], pero sinabi nila na nandiyan pa ‘yan at puwedeng ibalik ‘yan ‘pag nakita ng Kongreso na kailangang ibalik ‘yan. Hindi natin puwedeng sabihin na against God ‘yan. Eh bakit nasa Constitution? Eh di against God na ang ating Constitution!” said Fariñas.

(They did put there that it should not be imposed, but they still placed it there and said it can be implemented if Congress sees fit to return it. We can’t say that is against God. Why is it in the Constitution then? That would mean our Constitution is against God!)

Oriental Mindoro 2nd District Representative Reynaldo Umali, committee chairperson, added that restoring capital punishment in the country would help bring back Filipinos’ trust in the justice system.

As of December 3, there have been more than 5800 drug-related deaths, both from legitimate police operations and vigilante-style or unexplained killings.

“EJK versus death penalty. Don’t you realize that people, parang sobrang wala nang tiwala sa hustisya ‘yung mga tao, hindi sila masyadong nagagalit sa EJK? (EJK versus death penalty? Don’t you realize that most people have lost faith in the justice system that they’re not totally angry at EJKs?)… Do we really want to maintain the status quo?” asked Umali.

Death penalty will ‘hurt the state’
But Dinagat Islands Representative Kaka Bag-ao said the death penalty cannot be compared to extrajudicial killings (EJKs).

“Tingin ko hindi puwedeng i-compare ang EJK at death penalty. Magkaiba ang kategorya, magkaiba ang klasipikasyon. Ano ang basehan ng pagkumpara? Ang sinasabi natin na gusto nating matugunan na matigil ang EJKs, pero ‘di puwedeng ikumpara ito na, ‘Ah sige, death penalty.’ ‘Di po ganun,” she said.

(I don’t think you can compare EJKs and the death penalty. They belong to different categories and classifications. What is the basis of the comparison? We want to end these EJKs, but we can’t solve it by saying, “Okay, death penalty.” That’s not how it works.)

“In fact, statistics would show that crime rate decreased after the death penalty law was repealed in 2006. Only 13 percent [or] 474 of the documented 3,524 reports on extrajudicial, vigilante-style, unexplained killings are arrested. The other 87 percent are still at large or under investigation. The real issue is not the imposition of the death penalty but the assurance to the public that offenders will be apprehended regardless of the nature of the penalty,” added Bag-ao.

Quezon City 6th District Representative Jose Christopher Belmonte acknowledged that should a heinous crime be committed against someone close to him, he would not be able to stop himself from considering killing the perpetrator.

But he said doing so would only make things worse.

“‘Pag nangyari sa anak ko o malapit sa akin, most likely gugustuhin ko rin at gagawin ko pa rin po ‘yung ganun. Andiyan na po ‘yan. And I think ‘di mo maaalis sa kahit sinong tao,” said Belmonte.

(If that happens to my child or someone close to me, most likely I’d want to do it and I would do it. The option is there already. And I think you can’t take this away from anyone.)

“Pero (But) from personal knowledge and personal experience, this will diminish everybody involved. This will destroy you as a person. This will hurt the state. This will hurt our entire institutions kapag nilagay natin ang legal option na pumatay (if you give the legal option to kill),” he added.

Church opposition
Minority lawmakers had previously accused the House leadership of “railroading” the passage of the bill into law to meet Alvarez’s deadline, but the Speaker denied this, citing public consultations with various sectors to get their stand on the proposal.

The Catholic Church, human rights groups, and some lawmakers have objected to the reimposition of capital punishment in the country, saying it is not a deterrent to crime. (Lawmakers urged to reject revival of death penalty and A lethal mix: Death penalty and a ‘flawed,’ corrupt justice system)

Amnesty International had earlier expressed concern over the move to restore the death penalty in the Philippines shortly after it became clear that Duterte had won the presidency. (A shame for PH if death penalty is restored)

Lingayen-Dagupan Archbishop Socrates Villegas had called for a prayer rally against the proposed measure in his archdiocese on December 12.

Alvarez, however, advised Filipino Catholics to look for a new religion should they be ostracized for supporting the reinstatement of capital punishment in the country.

The Philippines was the first Asian country to abolish the death penalty under the 1987 Constitution, but it was reimposed during the administration of President Fidel Ramos to address the rising crime rate.

Capital punishment was eventually abolished in 2006, under the presidency of Gloria Macapagal-Arroyo. Now a Pampanga Representative, Arroyo is still against the reimposition of the death penalty.

Mara Cepeda is a journalist with Rappler.

RSF also calls for legal action against Duterte.

Duterte made his comments about journalists at a news conference he gave on Tuesday in the southern city of Davao (where he is mayor) to announce his future cabinet. He is due to take office as president on June 30.

Asked what he would do to combat impunity for crimes of violence against journalists (the Philippines being one of the world’s 10 deadliest countries for media personnel), Duterte replied: “Just because you’re a journalist you are not exempted from assassination, if you’re a son of a bitch.”

Referring to corrupt journalists, he added: “Most of those killed, to be frank, have done something. You won’t be killed if you don’t do anything wrong.”

He also said that people who defame are not protected by the constitution from violent repercussions.

“Not only are these statements unworthy of a president but they could also be regarded as violations of the law on defamation or even the law on inciting hatred and violence,” said Benjamin Ismaïl, the head of RSF’s Asia-Pacific desk.

‘Violent repercussions’
“Duterte should nonetheless be pleased by the existence of these laws because without them he would also be exposed to violent repercussions, according to his own words.

“We urge organisations that represent the media to not overlook comments of this kind and to bring lawsuits. We also urge the media to boycott the Duterte administration’s news conferences until the media community gets a public apology.”

Elected president by a big majority on May 9, Duterte is known for his provocative comments.

In Davao City, he allegedly ran “death squads” (private militias) implicated in the execution-style murders of a more than 1000 presumed “criminals” from 1998 to 2008.

Seven journalists were murdered in the Philippines in 2015 although, as a result of the prevailing impunity for crimes of violence against media personnel, it has only been possible to establish in three of the cases that the victims were killed in connection with their journalistic activity.

Respect for media freedom declined in 2015 in the Philippines, which is ranked 138th out of 180 countries in RSF’s 2016 World Press Freedom Index.

• RSF in English
• Rodrigo Duterte: The rise of the ‘death squad’ mayor

Duterte captured the support of the Filipino electorate clamouring for change – a clear repudiation of the Aquino government’s failure to bring about real development for the impoverished people.

“We have seen this overwhelming support take shape in the lively campaigns organised by different migrant groups in our respective countries, in spite of the criticisms against him for his alleged responsibility for the Davao ‘death squads’ and summary executions of alleged criminals,” said Reverend Canon Barry Naylor, chairperson of the global council of the coalition ICHRP.

With this, the ICHRP hopes Rodrigo Duterte will prove himself worthy of the votes he has garnered, as it joins the Filipino people in immediately calling to:

1. Stop all extrajudicial killings (EJKs), including the killing of Lumad people [in Duterte’s home island of Mindanao], attacks on communities and indigenous schools, among other human rights violations;
2. Stop vilification and harassment of human rights defenders;
3. Release all political prisoners; and
4. Resume formal peace negotiations with the National Democratic Front of the Philippines

“The first 100 days of the incoming president is enough time to give him fair warning on rights violations and for him to ensure justice to those victims of violations committed by the outgoing Aquino administration (as well as previous administrations),” Naylor said.

“He should sincerely address the roots of the armed conflict and disallow another National Internal Security Plan, such as the failed Oplan Bayanihan, in bringing about genuine change in the land,” Canon Naylor said in response to Duterte’s call for national reconciliation and healing.

“Without justice there can be no peace.”

The ICHRP will be co-convening an international human rights conference on July 23-24 in Davao City, Duterte’s political stronghold.

The conference will commemorate 40 years of the Algiers Declaration of 1976, the Universal Declaration of the Rights of Peoples.

International solidarity missions will visit several areas in the Philippines from July 16 to 20 before the conference, and follow up on the findings of the 2015 International People’s Tribunal held in Washington, DC.

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