De Lima files bill seeking end to extrajudicial killings

MANILA, Philippines – Police officers will be prohibited from firing warning shots and will be mandated to use, as much as possible, non-lethal weapons to subdue criminal suspects resisting arrest.

Sen. Leila de Lima filed this proposal on Tuesday seeking to prevent extrajudicial killings.

De Lima filed Senate Bill 1197 or the proposed “Act Defining Extrajudicial Killing,” which seeks to clothe the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the Commission on Human Rights (CHR) with special mandates to prevent and resolve summary killings.

De Lima cited reports that 3,844 people have died since July 1 in President Duterte’s campaign against illegal drugs.

Of the figure, 1,550 have died during police operations as of Oct. 6, while 2,294 suspected drug offenders were killed by suspected vigilante groups.

“In light of the thousand deaths, the Filipino as a nation cannot negate that EJK (extrajudicial killings) is a clear and present phenomenon of the times, boldly challenging our constitutionally protected human right against taking of life, transgression of due process and presumption of innocence of criminal suspects,” De Lima said in her bill.

Under the special mandates provision of the measure, the PNP in conducting police intervention operations such as arrests, raids and searches, shall observe “minimum standards,” including using a megaphone; firing of warning shots is absolutely prohibited; the use of force shall be proportionate; and non-lethal incapacitating weapons shall be used as the primary tool to effect arrest when there is resistance.

The team leader of every operation is mandated to immediately submit an after operations report even as the PNP’s Internal Affairs Service maintains a separate reportorial system.

The NBI is required to make available its services to the PNP and the CHR to investigate incidents of extrajudicial killings.

The CHR is mandated to investigate, on its own initiative, incidents of extrajudicial killings. It is also authorized to provide protection to witnesses, conduct medical or forensic examinations and legal counseling.

De Lima sought the creation of an Inter-Agency Council Against Extrajudicial Killings to ensure that government law enforcement agencies adhere to minimum standards in the prevention and investigation of extralegal killings.

The proposed council shall coordinate with the PNP, NBI and the CHR to adhere to minimum standards in the conduct of regular police intervention operations, such as but not limited to arrest, raid, search and seizure.

Chaired by the secretary of the Department of Justice, the council shall be composed of heads of various concerned law enforcement agencies, such as PNP, NBI, CHR and the Philippine Drug Enforcement Agency (PDEA).

It shall also be composed of the respective chairs of the Philippine Commission on Women and the National Youth Commission and shall be represented by two non-governmental organizations as appointed by the President.

The proposed measure also seeks to define and provide penalty for acts that qualify as extrajudicial killings in order to ensure accountability of state and non-state actors as well as paramilitary groups in compliance with  the government drive for public order.