REPORT ON INVESTIGATED KILLINGS
IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN
6. CHALLENGES IN DOMESTIC
ACCOUNTABILITY MEASURES
The Philippine government’s failure to prevent brazen and brutal killings of drug
suspects — and its officials’ proclivity to sanction and encourage such actions— contravenes
its obligation to uphold the right to life of all persons. Such transgression is amplified by
the government’s inadequate discharge of its duty to investigate potentially unlawful
deaths, which the Minnesota Protocol on the Investigation of Potentially Unlawful Death
(2016) described as “an essential part of upholding the right to life.” 80
States must ensure that investigations are “(i) prompt; (ii) effective and thorough; (iii)
independent and impartial; and (iv) transparent.”81 However, the Philippine government’s
investigations of drug-related extrajudicial killings have been deficient, fruitless, and
obfuscated. Investigations rarely resulted in the punishment of all perpetrators,
highlighting the deeply-rooted culture of impunity in the Philippines.
Independent and impartial accountability mechanisms – such as the fact-finding
investigations by the CHR – have been hampered by the predilection and
uncooperativeness of agencies involved in the campaign against illegal drugs. The
inaccessibility of police records suggests lack of openness to scrutiny and public
accountability, which is necessary to ensure effective and transparent investigations.
The climate of fear, engrained by the impunity surrounding these killings, has compelled
the victims’ families and the witnesses to silence. Dangers of reprisal as well as
unavailability of evidence have blocked the exercise of their right to full and effective
remedy.
6.1. Policy of refusal to access police documents
Graph 9. Number of investigated drug-related incidents with
documented denial of access to police documents
80
Minnesota Protocol (2016),Section II, Part A, par. 8(c).
81
Minnesota Protocol (2016), Section II, Part D, par. 1.
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