Thread by @rapplerdotcom

May patutunguhan pa ba ang imbestigasyon ng Department of Justice sa mga patayan sa drug war ni Duterte? Sumali sa diskusyon ngayong gabi, Oktubre 13! #BeyondTheStories rappler.com/newsbreak/podc…

Tatalakayin nina Rappler justice reporter @lianbuan at researcher-writer @jodeszgavilan kung saan na patungo ang imbestigasyon ng drug war panel.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan recaps drug war: HR community estimates 20k killed, including those by vigilantes. 5k of that were killed during police operations.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Vigilante killings are hard to investigate because suspects are unknown. But the suspects 5k deaths have been found. So we asked if how many of these have been investigated — DOJ said 76 pa lang.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: In June 2020, DOJ sec Gueverra said inter-agency panel has been formed to have drug war review. While that's good, timing is also suspect kasi hinihintay na ang move ng international community regarding PH drug war.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: The inter-agency panel which is led by DOJ promised to come up with a report by Nov. 2020 pero na-delay because of the pandemic.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: By Feb 2021, in a surprise announcement by Guevarra to UNHRC, half of the cases they examined showed lack of protocol by policemen. With that announcement alone, na-dent ng DOJ ang drug war ni Duterte.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Months after that announcement, we found out that out of the 5k cases, 300 cases lang ang na-review ng DOJ.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: We'd remember din na there was a change of leadership in PNP. Sinas was replaced by Eleazar. After that, nag-usap sina Eleazar at Guevarra, and ibibigay na ng PNP ang case records to DOJ.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Question is, why would it take a leadership change to do that?

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: And then, President Duterte in a speech said he's concerned about all case records being opened. From that speech, 52 case records na lang ang ibibigay ng PNP sa DOJ out of the 6k-7k cases na at that point.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Weeks ago, Gueverra reported that in those 52 cases they've found potential criminal liability. But instead of filing the complaints before prosecution, ipapa-imbestiga pa yun sa NBI.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: CHR calls whole process "superfluous", "protracted" to some HR lawyers, "dragging" to victims.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan on red flags in the DOJ panel's process: Number one is transparency. Incremental sila magbigay ng information, and we have to get it by extracting it from them.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: CHR says if they have full access to the data, they can do findings to prevent the killings.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Biggest red flag din na ni-name drop ng DOJ ang CHR during the hearing with UNHRC, saying na CHR exists so no need for ICC investigation. Pero CHR has not been engaged in the process at all.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@jodeszgavilan: UN Rights Chief Michelle Bachelet also explicitly said that the DOJ should publicize findings and should closely engage with stakeholders like CHR and rights group para victims-centered ang investigation.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan on DOJ's reaction to Bachelet's statement: They said, "Be patient."

#BeyondTheStories:

@lianbuan @jodeszgavilan .@jodeszgavilan: Compared to other cases, normal ba na ipapasa pa sa NBI ang mga kaso?

@lianbuan: Normally, police or NBI investigate then file complaint to prosecution. But what happened now is binalik pa sa NBI.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Expectedly sana diretso na file complaint to prosecution. That's why the process is called "dragging".

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: I have yet to meet a family or lawyer that was engaged by the drug war panel.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Can you call 52 cases investigated out of 6k-7k robust justice?

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan on the delay of investigation: In the first 2-3 years, they denied that EJKs were happening.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Within these 2-3 years, witnesses could've been killed. Officials have been promoted.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@jodeszgavilan recalls ICC authorization to open investigation to drug war and PH govt saying they won't cooperate: Many experts say that ICC doesn't need cooperation from PH govt for them to investigate.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: We appreciate reports from NGOs. Alternative law group IDEALS came with report that it's state-sanctioned murder, but they admit they've only investigated 300 cases, "'Yun lang ang kaya namin."

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Pero yung government, di nila masasabi na konti lang ang maiimbestiga nila, kasi gobyerno sila.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@jodeszgavilan: Unless kung kulang ang documentation.

.@lianbuan: Two possibilities: may tinatago silang document, or hindi sila nag-document at all. Either way, it's a violation of protocol.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Filipinos deserve to know what happened. Kung namatayan ka ng kapamilya sa drug war, the least aspect of justice you deserve is for you to know what happened.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: In an ideal world, if they did it right, this panel could've been a good effort towards accountability. Pero ang tagal. First level of investigation pa lang is taking this long.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan on what DOJ panel should prioritize now: They should open investigation to CHR. They should also fast-track investigation, or at least be completely honest.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: Victims favor an ICC investigation because for them, it's a more reputable process that will lead more to justice.

#BeyondTheStories:

@lianbuan @jodeszgavilan .@lianbuan: DOJ takes pride na ma-rebrand nila sarili nila. Para sa 'kin, this is their chance. This is their legacy down the line.

#BeyondTheStories: