MANILA, Philippines - To show his full support for policemen who obey his orders in the drug war, President Duterte will not just pardon the cops involved in the murder of Albuera mayor Rolando Espinosa in jail, he will also promote them.
Duterte made the promise despite observations that he has encouraged summary killings and impunity in his drug war. He earlier made public his order to policemen to kill drug suspects if they fight back during anti-drug operations.
“But these policemen who were charged, I cannot abandon them, I really cannot abandon them. Because maybe they followed my order to a tee,” the President said in Filipino on Friday night.
“Convicted? No problem. Just read ‘you are hereby sentenced to...’ And then they will call, ‘Sir, we are convicted.’ Tell the judge to wait. There’s pardon, give it to the judge. Let the judge read it. You are all pardoned,” he added.
Espinosa and inmate Raul Yap were killed inside their jail cell in Baybay City, Leyte in Nov. 5, 2016.
Policemen who conducted the operation claimed that Espinosa fought back when they tried to serve a search warrant against him.
But the Department of Justice has found probable cause to file charges against 19 police officers, including former Criminal Investigation and Detection Group Region 8 chief Supt. Marvin Marcos.
Investigation showed that the killing of Espinosa was premeditated.
The President maintained that he is not intervening in the filing of murder charges against the policemen because he will allow the legal processes to take place.
But once a guilty verdict is rendered, Duterte said he would exercise his power to grant presidential pardon. He said he would issue a reinstatement order with the promotion to one rank higher.
“It was (Justice Secretary Vitaliano) Aguirre who filed the murder charges. On my part, I am not intervening because they might say that I am protecting them. I said, go ahead file the charges. But that is the theory of the Department of Justice, (which is) under me,” he said.
“But I tell the police now, basta sinunod lang ninyo – o ‘yung pinatay nitong mga p***** inang ito (if you just followed – the killing of these sons of b******). Why do you grieve for a son of a b****? He destroyed half of the Visayas. How many crazy people are now left unattended, the family gone?” he added.
Duterte also reminded his audience that he has the power to pardon under the Constitution.
“The Constitution says the president can pardon, either conditional or absolute, a convicted criminal or grant amnesty with the concurrence of Congress,” he said.
He added that he can also use the same power in granting amnesty to communist rebels, but that would depend on the outcome of the peace negotiation.
CHR: pardon for killers ‘premature’
But Commission on Human Rights Chairman Chito Gascon said Duterte’s pronouncement that he will pardon and promote the police officers involved in the killing of Espinosa is premature.
Gascon said Duterte and the administration should instead focus on holding perpetrators in the killing accountable for their actions.
“Although the powers to grant executive clemency – that includes pardon – are clearly vested on the President, there are established rules and procedures to exercise the same. Pardon can only be granted after final conviction, thus what President Duterte is contemplating is at best premature,” Gascon told The STAR.
“At this time, what must be pursued are mechanisms that will hold all perpetrators to account for their crimes, particularly those involving extrajudicial killings. We must end impunity,” he added.
Gascon also noted that the continuing public exoneration by Duterte of the police officers involved in killings encourages and contributes to the perpetration of a climate of impunity in the country.
“Both Amnesty International and Human Rights Watch – that are both credible independent international human rights groups – have found that the extrajudicial killings are encouraged or tolerated by state authorities,” he warned.
Olupan na Laiko ed Arkdiosis na Lingayen-Dagupan also expressed disgust on the growing culture of summary killings in the country and the decision of Congress to reimpose the death penalty under the Duterte administration.
“We are outraged, deeply hurt and utterly dismayed by the decision of the five congressmen from the province of Pangasinan to vote for the ratification of the death penalty bill,” the laity said in statement yesterday. – Christina Mendez, Janvic Mateo and Eva Visperas