REPORT ON INVESTIGATED KILLINGS IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN RECOMMENDATIONS Pursuant to the State’s obligation to respect, protect and fulfill the human rights of all individuals within its territory and subject to its jurisdiction, the CHR makes the following recommendations: A. Office of the President 1. That the Office of the President revise and/or remove the exceptions stated in Executive Order No. 2 and other issuances which have been used as a basis for the denial of CHR subpoenas requesting for documents. Based on the Commission's findings, this “presidential directive” has resulted in limited access to police documents relating to the drug-related killings, thus, curtailing its investigations. 2. That the Office of the President spearhead the eradication of a “culture of impunity” by directing the concerned agencies to conduct full and transparent investigations into drugrelated extrajudicial killings and identify the perpetrators against whom proper charges may be filed. 3. That the Office of the President, through its programs and issuances, institute a culture of respect for human rights through human rights education by continuous mandatory trainings and seminars on international human rights instruments and relevant domestic laws, for all law enforcement authorities, government officers, and employees. B. Philippine National Police 1. That the Philippine National Police (PNP), including PNP-IAS, conduct full, immediate, thorough, transparent and impartial investigations on drug-related extrajudicial killings particularly deaths during anti-drug operations, deaths while in custody/detention, and administrative cases pending before them. It must be underscored that respondent police officers have the burden of proof to justify self-defense and regularity in the performance of official duties. They must prove that the use of force to subdue resistance on the part of the aggressor was necessary and reasonable. 2. That the PNP conduct full, immediate, thorough, transparent and impartial investigations on drug-related extrajudicial killings involving unidentified perpetrators, applying the latest forensic technologies 3. Based on the Commission’s findings, for the PNP-IAS to release a comprehensive report detailing the number of investigations conducted against the number of killings recorded and the outcome of these investigations in the past six years. The report should also include motu proprio cases conducted by PNP-IAS, as mandated under RA No. 6975. 4. In connection with the conduct of the above-described investigations, it is recommended that the PNP Human Rights Affair Office (HRAO) release a bi-annual report detailing the conduct of these investigations with emphasis on the human rights violations committed by their members together with the repercussion of such violations. If feasible, the report should also include updates on the legal and judicial processes undertaken by the office against these violators. These reports should be made accessible to the public provided that such access would not interfere with any pending investigation or litigation. 38