Duterte's promise to pardon cops worries CHR
April 3, 2017 | 7:11pm
Human Rights Commissioner Chito Gascon, right, gets a stare from Philippine National Police Chief Ronald Dela Rosa as he reads his statement at the start of the Philippine Senate probe on extrajudicial killings related to President Rodrigo Duterte's "War on Drugs" on Aug. 22, 2016 in Pasay City, Philippines.
AP / Bullit Marquez, file
MANILA, Philippines — Commission on Human Rights Chairman Chito Gascon on Monday expressed worry at President Rodrigo Duterte's statement that he would pardon cops implicated in the killing of Albuera, Leyte Mayor Rolando Espinosa while in government custody.
"Ngayon po, dapat sampahan ng kaso sa ating mga korte at dumaan sa proseso at antayin yung kapasyahan ng korte kung may sala man o wala," Gascon said in an interview with TV5's 'Aksyon' on Monday.
He added that while the president has clemency powers which includes awarding pardons, that can only be done after final conviction. He said the grant of pardon must also undergo a process.
Under the 1987 Constitution, "the president may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment." The president can also grant amnesties, but these need concurrence by Congress.
On Friday, President Duterte promised to pardon the police officers implicated in Espinosa's death at the Baybay sub-provincial jail in November because they followed his orders.
"But these policemen who were charged, I cannot abandon them, I really cannot abandon them. Because maybe they followed my order to a tee," Duterte said.
Duterte added that he will not interfere in the legal process, but will use his power to grant pardons in case of a guilty verdict. He added would even promote them one rank higher.
Gascon said that with these pronouncements contribute to an atmosphere of impunity. He added that the president's pronouncements essentially give police officers a license to do anything, even kill, without going through due process.
"Importante po yung batas, pairalin natin ng husto para sa gayon, wala pong nasa labas ng batas. Wala pong mangingibabaw sa batas," Gascon said.
The administration has stressed that it is investigating deaths linked to the government's war on drugs and that it will not tolerate police officers who violate human rights and standard operating procedures.
Gascon also said that while he wants to believe that Duterte's pronouncements are only a form of mockery, as president, he has the power to do whatever he says.
"Ang trabaho po ng pulis ay siguraduhin na walang kriminalidad at ipatupad ang batas sangayon sa nakalagay sa batas," Gascon said, adding that part of their oath is to uphold the law, which includes upholding due process.
Gascon also called on the Department of Justice to investigate cases where those killed allegedly fought back.
"Sa mga 'nanlaban' cases, dapat po talaga lahat ng 'nanlaban' cases, dalhin na sa korte at mag-paliwanag ang pulis kung nagamit niya po yung self-defense properly," Gascon said.
Gascon said that the Commission on Human Rights, which has created a task force to investigate extrajudicial killings, has investigated 500 drug-related deaths.
He added the the CHR is trying to cooperate with the police to conduct investigations and in looking for witnesses.
"Ang aming task force, kinokolekta lahat ng impormasyon at mag-lalabas kami ng interim report. Itong interim report ay para tingnan yung patterns over the last six months from June to December," Gascon said.
He also called on the police to follow the terms of engagement and the use of force continuum in its operations.
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