DOJ mulls crimes against humanity charges vs perpetrators of Duterte admin EJKs
MANILA, Philippines — The Department of Justice (DOJ) announced it is studying the possibility of filing crimes against humanity charges, on top of murder cases, in connection with the Duterte administration's war on drugs and its extrajudicial killings.
DOJ Undersecretary Jesse Andres said in an interview on Friday, December 20, that the National Prosecution Service or the task force investigating EJKs has already gathered substantial evidence.
However, since its area of concern is focused on EJKs, Andres said the “maximum case” that could be lodged is murder.
For the DOJ to act on the House Quad Committee's recommendation to charge perpetrators for violating Republic Act 9851, it must further strengthen its case build-up in collaboration with law enforcement agencies, he explained.
Republic Act 9851 is also known as the law defining and penalizing violations of international humanitarian law, genocide and other crimes against humanity.
“Because that is the usual case when there is an extrajudicial killing — the maximum case is normally murder. But now it’s different. In addition to murder, we are also studying the possibility of filing charges for violations of international humanitarian law and crimes against humanity,” Andres said.
He also emphasized the DOJ's need to consider the "bigger context" and conduct a particularly thorough investigation, noting that "influential individuals are involved in this potential case."
The Quad Comm named high-ranking officials, including former President Rodrigo Duterte and Senators Christopher “Bong” Go and Ronald “Bato” dela Rosa, as individuals who should face trial in appropriate courts.
Police officers were also implicated in allegedly conspiring in — and benefiting from — a reward system for killing drug suspects. Among those identified were Royina Garma and Edilberto Leonardo, both retired police colonels and resource persons at the mega panel’s hearings.
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Andres said they are investigating two drug-related EJK incidents: the 2016 killing of three alleged Chinese drug lords at the Davao Prison and Penal Farm, and the assassination of general Wesley Barayuga, former board secretary of the Philippine Charity Sweepstakes Office (PCSO).
“We will talk to all the possible resource persons there (Quad Comm) and if needed, we will grant them the stature of a state witness if their testimony is very much needed to ensure the conviction of the real perpetrators,” he added.
Asked about the lack of a concrete definition of "crimes against humanity" in Republic Act 9851, as mentioned by Duterte’s legal counsel, Andres responded that he believes the law is sufficient.
He also addressed concerns about how one could violate it, affirming that the law provides adequate clarity.
“So it is there in the law and there is no need for anybody to wait for anything because the law is already clear on the aspects of the offense which are punishable,” he said.
Andres assured that the rights of potential respondents, whether public officials or not, will be upheld, but stressed that they must go through the legal process when such a case arises.
“They will be given the opportunity to provide their explanation, and in accordance with the reforms of due process, a preliminary investigation will be conducted,” he added in a mix of English and Filipino.
The DOJ undersecretary said they will soon subpoena the alleged perpetrators, allowing them to defend themselves through counter-affidavits.
“It's a difficult process, but we will undertake it to resolve the matter based on legal processes and in observance of the rule of law,” Andres said in Filipino.
Human rights groups, including the International Criminal Court, which is also conducting an independent probe into the EJKs, estimate the number of lives lost to be between 12,000 and 30,000.
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