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In light of the SC decision ordering the Solicitor General to release all documents related to the Drug War, the Free Legal Assistance Group (FLAG) will go on FB Live at 10am, to share its initial findings on the cases it has handled. #25ChelDiokno
After we filed our petition, there were oral arguments conducted by the Court. On December 5, the Court issued this resolution requiring the SolGen to submit the documents.
The SolGen did not immediately comply. Instead, he filed a motion for reconsideration.
Basically, it was based on the following: first, the SolGen claimed that documents were not relevant. Second, that there were constraints of national security that prevented the government from producing these documents.
The Court also cited the Duterte admin’s 2017 yearend report, where deaths in cases related to drugs and internal cleansing are touted as accomplishments.
The yearend report states that there were 3,967 personalities killed in anti-drug ops and 16,355 homicide cases under investigation, for a total of 20,322 deaths from July 2016 to November 2017, or 29.46 deaths a day.
On April 2018, the Court issued a resolution noting the SolGen only partially complied, but allowed additional time to submit the other documents.
There was a first batch of documents submitted by the SolGen, but they requested additional time to submit remaining documents.
Binigyan lang kami ng isang batch ng documents, pero hindi po lahat. The SolGen asked the Court to be excused from providing the rest.
The SolGen distinguished between two categories of documents. We were given the second category, those pertaining to petitioners. However, not all the documents were legible.
Category 1 documents were not provided to us. Lists of persons killed, lists of deaths under investigation, lists of drugs lords neutralized, etc.
Noong natanggap namin yung initial batch, inaral namin yung laman. We will present the findings on the documents provided to us.
@TedTe: Based on the initial submission of documents, this batch covered only 29 cases of killings. The records are not complete, and in many cases, relevant documents pertaining to the case were not made available.
Te: Of 29 cases, there are about 37 victims, all male. 31 were in drugs watch list. 23 of 37 died in police ops, and 6 cases had unknown assailants. 19 involved buy-bust ops.
Te: Language is uniform across spot reports, saying the suspect, upon sensing he is transacting with the police, then used firearms
Te: Expectation is PDEA must take charge and have custody over all drugs confiscated, seized, or surrendered; reality is not a single illegal drug was ever turned over the PDEA. Turnover was to PNP Crime Lab instead
Te: Physical inventory should be conducted in the presence of the accused or his/her counsel, a rep from media and DOJ, and any elected public official who will sign copies of inventory should have a copy. In only one case was this followed.
Te: 18 drug watch lists were reviewed. Some listed only those with family names beginning with a particular letter.
Our petition is not just based on the PNP memo circular, it also depends on how it is implemented. The documents will indicate whether there was compliance with the circular.
On whether there are fears that documents may be tampered: It’s very difficult to tell kasi halos hindi mo mabasa yung documents. We intend to pursue that we be provided with clear and legible copies.
On what kind of data we hope to extract: We don’t even know how many pages are involved. We have no idea. Isang truck ba yan? We will be better able to answer that once we get the documents. This will be a big operation involving a lot of teams.
Te: The Crime Lab only gets involved to identify that it is indeed a narcotic, but other than that it should be with PDEA. Even courts shouldn’t hold on to drugs.
On the PNP revising its circular: The mother circular is still 16-2016. Our arguments still apply.
On exacting accountability and finding bases for filing charges: maraming factors ang involved diyan. Unang-una yung willingness of victims to pursue cases.
As far as what evidence we have and against whom, that remains to be seen.
As far as FLAG is concerned, we are most willing to help those who want justice, to get the justice they deserve.
As far as we are concerned, the SolGen has already ran out of options…hindi na siya puwede mag-file ng 3rd motion for reconsideration.
The Court recognized that for them to really review the issues raised in our cases, they need to see what the police did on those cases.
You know our position on the war on drugs. We are pushing that the government discontinue these types of operations.
The government should use its resources to stop especially the shipments that are coming here.
We hope some action is taken by the ICC. Our government has taken the position that ICC never exercised jurisdiction, which is contradictory to their withdrawal. How can you withdraw from something that you never recognized the jurisdiction of?
The templated copy-paste of nanlaban cases halos pare-pareho. We got similar reports from other sources. They raise a lot of questions.
Every single case where the police supposedly have to kill the suspects, if every case is unique in its facts, why is it that the language is the same?
On the case’s effect on ICC jurisdiction: This is not a criminal case. I don’t think it will have any kind of impact on ICC jurisdiction. Ang titingnan nila is if posible bang kasuhan ang Pangulo sa loob ng Pilipinas. We have presidential immunity na ginamit na ng SC.
Te, on how long it will take FLAG to review the documents and whether this will affect the case: Hindi connected yung gagawin, yung pagbabasa namin ng reports, sa resolution ng case.
Te, on whether submitted documents will be public record: We don’t know if there is anything in the resolution that will say that…perhaps what the Court may do is to integrate the results in its decision, which will then become public record.
On whether we will share the documents with the public: It depends on what conditions will be imposed by the Court.
On FLAG’s clients in drug war cases: They continue to have security concerns. Let’s just put it that way.
