REPORT ON INVESTIGATED KILLINGS IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN Similarly, the Commission had not been provided with copies of the Incident Report After the Use of Firearm98 and an After-Operations Report After an Armed Confrontation99 required under the 2013 Revised PNP-POP Handbook. Police records are only available in 265 out of 481 alleged operations by police officers. Based on the available documents, 239 incidents involving law enforcers that resulted in death have been investigated by the police. The Commission only recorded administrative proceedings before the IAS in at least 50 incidents. The Commission could not review other internal investigations, if any, due to the inaccessibility and unavailability of police documents. Out of the 50 administrative complaints before the IAS, police officers have been charged with grave misconduct in six incidents. Notably, three incidents involved the same set of officers from the same police station. However, available records do not show if the police station’s chief or other superior officer was investigated pursuant to Section 2, Rule 6 of the NAPOLCOM MC No. 2016-002, which reads: Inclusion of Supervisor and Superiors in IAS Investigations – The immediate superior or supervisor of the personnel or units being investigated under Section 1 hereof shall be automatically included in the investigation of the IAS to exclusively determine lapses in administration or supervision. It has been observed that investigations, especially at the precinct level, are conducted by members of the same station or unit. The impartiality and independence of such investigations have been questioned on various occasions. Seldom did the available investigation reports from the station question the legitimacy of the operations, the use of force and firearms, and the self-defense narrative. Oftentimes, exemption from administrative and criminal liabilities is forwarded. In some investigation reports, recommendations for award, reward, or recognition have been put forward by the investigator and the chief of police. The Commission also notes the lack of independent witnesses to the alleged law enforcement operations in official police records. For purposes of this section, independent witnesses exclude law enforcers who participated in the operations as well as those who participated after the operations such as witnesses to inventories. Out of the 239 incidents resulting in death and investigated by the police, independent witnesses were only interviewed in 20 incidents. In most incidents, only the testimonies of the police officers involved in the operations were cited as basis to affirm the legitimacy of the operations in the PNP Investigation Reports. Informants and confidential assets are mostly—though somehow understandably—not interviewed about what transpired during the incidents. 98 Revised PNP-POP Handbook (December 2013), Rule 8.4. 99 Revised PNP-POP Handbook (December 2013), Rule 8.5. 33

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