NO class suit has been filed against former president Rodrigo “Rody” Duterte for the thousands killed in his bloody war on illegal drugs because the families of victims remain afraid, human rights lawyer Chel Diokno told lawmakers yesterday.
“Your honor, the families of the victims were afraid – and are afraid until now – to file cases,” Diokno told Manila Rep. Bienvenido Abante, chairperson of the House Committee on Human Rights during the continuation of the panel’s investigation into Duterte’s drug campaign.
Diokno made the statement after Abante asked why he and other human rights lawyers have failed to file a “class suit” against the former president, who is being investigated by the International Criminal Court (ICC) for “crimes against humanity.”
Abante then assured the victims’ families, who are testifying before the panel, of their safety and protection. “I myself is laying my life on the line here. They should not be afraid,” he said.
In November last year, the House Joint Committee on Justice and on Human Rights adopted a resolution calling for the government to cooperate with the ICC investigation on Duterte’s war on drugs.
The joint panel adopted House Resolution No. 1477, which Abante filed with Rep. Ramon Rodrigo Gutierrez (PL, 1-Rider), in consolidation with House Resolution Nos. 1393 filed by the militant Makabayan bloc and HR No. 1482 filed by Albay Rep. Edcel Lagman.
The victims’ relatives, who continued to narrate how their loved ones were killed under “Oplan: Tokhang,” expressed hope that the ICC would soon find Duterte responsible for the drug war deaths.
DEATHS
Diokno, a member of the Free Legal Assistance Group (FLAG) told the Abante panel that 20,322 drug suspects or almost 40 daily were killed between July 1, 2016 and Nov. 27, 2017, the first 17 months of the Duterte administration.
He said the figures came from a 2017 year-end accomplishment report of the Office of the President.
He said the Supreme Court took note of the accomplishment report in the case “Amora vs Dela Rosa” (former PNP chief and now Sen. Ronald dela Rosa), filed in 2018.
Diokno said the SC resolution put the daily average of drug suspects killed “at 39.46” during the period cited in the OP accomplishment report.
“This Court wants to know why so many deaths happened,” Diokno said, quoting the High Court’s resolution.
Of the 20,322 deaths, Diokno said 3,967 were killed “by the police in police operations,” while 16,355 were waylaid “by riding in tandem and other unknown persons.”
“There has been much debate how many persons have been killed in the war on drugs during the last administration. Some of the estimates have been as low as 12,000, while the NGOs (non-government organizations) put the figure at about 30,000,” he said.
“There is one number that is unassailable because this comes from the Office of the President and was cited in an extended resolution of the Supreme Court. And that number is 20,322 persons killed in the war on drugs,” he added.
Lawmakers were shocked upon learning of the numerous deaths since the official tally of the drug war at the end of the Duterte administration was reportedly only around 6,200.
On the questioning of Rep. France Castro (PL, ACT), former executive secretary Salvador Medialdea said he has not seen the accomplishment report being quoted by Diokno.
Medialdea could also not verify the figures, saying there were various figures that were floated – 6,000; 30,000 and now, more than 20,000 – and “we don’t know anymore which to believe.”
“We cannot answer that here,” he said. “I do not know anything about those things, kung ano ang mga verification (what verifications were made). That is not part of my territory during my time as executive secretary. I only base it on what are given to me,” he told lawmakers.
Medialdea said the figures could have come from the Philippine Drug Enforcement Agency (PDEA), the NBI, the PNP and Bureau of Customs and “they are in the best position to testify on that.”
Diokno then read aloud portions of the High Court’s en banc resolution after Medialdea protested what he said were sweeping statements.
“May I just be allowed to read a portion of the resolution? I quote from the resolution: Aside from the OSG submission in the present cases, we take judicial notice of the Duterte administration’s 2017 year-end report where deaths in cases related to illegal drugs and the internal cleansing conducted within the Philippine National Police are touted as accomplishments,” Diokno said.
“The government’s inclusion of these deaths among it’s other accomplishments may lead to the inference that these are state-sponsored killings,” Diokno said, still quoting the SC resolution.
The mothers of two drug suspects and the wife of another tearfully narrated to the human rights committee how their sons and husband disappeared and became victims of “tokhang.”
Dalia Quartero claimed her 26-year-old son Jessie Quartero was killed by the Bulacan police, while Kristine Pascual said her 17-year-old son was slain by Pangasinan policemen.
Honey Jane Lee, on the other hand, said her husband Michael, a jeepney passenger barker, was a tokhang victim of the Caloocan police.
The victims’ relatives were assisted by lawyer Kristina Conti of Rise up for Life and for Rights in coming out to tell their stories.
Conti said there are many more families whose kin died in the hands of policemen during Duterte’s drug war who are still afraid to make their stories public for fear of reprisal.
