Alfred Dalizon

Cops in Duterte’s drug war out for protracted legal battle

September 3, 2024 Alfred P. Dalizon 114 views

SOME active and retired police officers and men who played key roles in the former Duterte administration’s bloody war on drugs are now preparing for a protracted legal battle amid the International Criminal Court’s probe into the matter.

These are the policemen who, during the first six months of the Duterte presidency when the former Davao City mayor vowed to rid the country’s drug scourge with really no success, became known for “neutralizing” armed drug personalities almost every day, with television crews from the major networks tailing them like dogs, always hungry for scoops.

Some friends from the police force used to tell me that during those days, the media-like the mythical creature called vampire which consume the blood of their victims-seemed to have developed a thirst for news on drug-related encounters, even coaching officers on what to say as the bodies of slain suspects and their guns and drugs are seen on the background.

Fast forward, the same officers who are expecting to be targeted anew by the same media networks are wary of an unpleasant legal battle, something that will last a long time and especially longer than usual or longer than they hope as they continue to wait for words from the Department of Justice regarding the ongoing ICC investigation into the former administration’s war on drugs.

One even told me that worse comes to worst, he wishes to be held in one of our cells and not in a foreign jail where it would be hard for his family and friends to visit him. That’s a wishful thinking for the officer who really have dedicated his life “to serve and protect Filipinos.”

Very recently, DOJ Undersecretary Raul Vasquez said the subjects of the possible issuance of a Red Notice by the Interpol in relation to the ICC probe will not be automatically arrested as although the Philippines is a member of the international police agency, local courts can still intervene and question the proceedings.

“The aspect of prosecution and investigation of the court to determine if the enforcement of the warrant or red notice is valid or not is part of the judicial process. The parties involved can avail of our judicial processes,” Vasquez explained.

The DOJ official said Philippine courts can step in during the Interpol proceedings if there are allegations of oppression, discrimination, political persecution or if due process has not been allowed. He was referring to the Interpol’s Red Notice which is a request for law enforcement agencies worldwide to locate and arrest a person who is already the subject of an arrest warrant from a requesting member-country.

He spoke amid rumors that the ICC might soon order the arrest of former President Duterte and his key officials in connection with their war on drugs. Prior to that, Justice Secretary Boying Remulla said that while the country is no longer a member of the ICC and is not obliged to cooperate with its investigation, it has obligations to the Interpol.

Remulla maintained that the ICC and the Interpol are “used to working together” and thus, the former could bring in the Interpol in implementing the arrest warrants it will issue.

He also said the DOJ will not stop the ICC from setting and holding interviews and similar proceedings with people in the Philippines related to its investigation. However, Remulla said the ICC and the Interpol really need to undergo the Philippine court system to enforce an arrest warrant.

If my memory serves me right, the DOJ then under Secretary Menardo Guevarra who is now the Solicitor General reviewed at least 52 “drug war” cases involving 154 policemen whose folders were submitted to the department by the PNP when it was still headed by now retired General Gilor Eleazar in October 2021.

During that period, the DOJ said the folders submitted to them include cases of several suspects who tested negative for gunpowder nitrates although they allegedly fired first at officers who were forced to retaliate in self-defense. However, the cases investigated mostly took place outside of Metro Manila.

In other operations, the DOJ that year said it observed lapses in connection with the implementation of the search warrant as well as failure to take photographs of the incident prior to turnover to the SOCO team.

The DOJ review in 2021 also showed some policemen being reprimanded although they were found found guilty of grave irregularity in the performance of duty. Then PNP Chief Eleazar welcomed the release of the DOJ review saying it is consistent with the PNP’s stand for transparency and accountability.

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