REPORT ON INVESTIGATED KILLINGS
IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN
Drug-Related Extrajudicial Killings4
There is a drug-related extrajudicial killing when:5
1. There is an arbitrary deprivation of life;
2. That the victim:6
a. Has actual or perceived link to illegal drugs; or
b. Was killed in an incident which has actual or perceived link to illegal drugs or to
the State’s anti-illegal drug campaign.
3. That the acts were carried out by any of the following:7
a. State Actors8
i. Acting in their official capacity and without any legal justification for the
killing;
ii. In accordance with orders of State authorities; or
iii. With their complicity/acquiescence/tolerance; or
b. Non-State Actors
i. Under orders or influence of State authorities; or
ii. For any consideration; or
iii. There is failure or unwillingness of State authorities to prevent, investigate,
and/or prosecute the same;
4. These may include, but are not limited to the following:9
a. Summary executions by State agents without legal justification;
b. Deaths resulting from failure to observe rules and operational procedures in
accordance with law enforcement guidelines, domestic laws, and international
laws;
c. Deaths in detention or custody resulting from any act committed by State agents.
Illegal Drugs
Includes those listed in the Schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the
1971 Single Convention on Psychotropic Substances as enumerated in the attached
annex of RA No. 9165.10
4
This definition was adopted by the CHR in Resolution CHR(V) No. 2019-052.
5
States parties have the duty to refrain from engaging in conduct resulting in arbitrary deprivation of life. See General Comment
No. 36 on the Right to Life, CCPR/C/GC/35(2019).
6
The notion of perceived link (where the victim is apparently mistaken or identified to be a drug user) is derived from the
classification of victims under the Operational Guidelines of A.O. 35.
7
See Operational Guidelines of A.O. 35. State and non-state actors may commit EJKs.
8
See the definition of “Arbitrary Executions” in the Report by the Special Rapporteur on Arbitrary Executions, 1983 39th session
CHR, E/CN.4/1983/16.
9
See “Aims and Scope” of The Minnesota Protocol on the Investigation of Potentially Unlawful Deaths.
10
Republic Act No. 9165, Sec. 3 (j).
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