REPORT ON INVESTIGATED KILLINGS IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN At the onset, the investigations had been limited by the unavailability and inaccessibility of police and other official documents to the Commission. The Commission has repeatedly requested case folders and documents from the PNP.82 The subpoenas and requests for submission of documents were oftentimes refused, denied, or ignored by the PNP. A review of the Commission’s investigation records reveals the lack of any police documents in 297 out of the 798 alleged drug-related incidents analyzed. Out of the 297, 216 (73%) occurred in the context of alleged operations by law enforcers. 3 30 63 59 Needs Clearance Denial by Law Enforcement No Response Other Reasons Graph 10. Reasons for unavailability of police documents Out of the 297 incidents, the Commission notes that there were outright denials in 59 incidents; lack of response in 63 incidents; and pending clearance from higher offices (30 incidents). Other reasons were cited in three incidents. One-hundred forty-three (143) incidents have no record of the reason for the unavailability of police documents. The Commission documented police refusals and inactions in 95 incidents. Eighty-two (82) incidents with documented refusal were alleged operations by law enforcers. Meanwhile, 12 incidents occurred outside the context of law enforcement operations. One incident with recorded refusal has unclear circumstances. The Commission may have received the denials in official correspondence. These may have been verbally issued during field visits and/or personal service of the subpoena by special investigators and reflected in the investigation reports and/or resolutions. Such actions and inactions manifest indifference to the Commission’s powers to “investigate all forms of human rights violations” as well as its authority to “request the assistance of any department, bureau, office, or agency in the performance of its functions.” Investigations into 60 out of the 95 incidents have been archived by the Commission, of which 47 had been concluded without any finding of human rights violation. Meanwhile, investigations into 13 incidents resulted in a finding of human rights violation. 82 See for instance, “PNP agrees to CHR request for documents on drug war deaths,” INQUIRER.NET, 29 August 2007, at https:// newsinfo.inquirer.net/926526/pnp-chr-commission-on-human-rights-chito-gascon-bato-dela-rosa-drug-war-killing-documentsrecords (last accessed 22 April 2022). Also, https://www.rappler.com/nation/179928-chr-hits-pnp-failure-cooperate-probes-drug-warkillings/. 28

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