REPORT ON INVESTIGATED KILLINGS IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN In the guise of upholding the right to information and privacy, the PNP has used Executive Order No. 2, s. 201683 by President Duterte and the Inventory of Exceptions to the right to access of information dated 24 November 2016. The Executive Order and Inventory of Exceptions have been cited directly in PNP’s official responses or been used as basis in the issuance of memoranda and guidelines about the release of records to the Commission. In July 2017, a memorandum was issued “from TDO directing all RDs of PROs to inform and seek clearance from NHQ (Attn: HRAO [Human Rights Affairs Office]) before granting any invitation for interview, summons, notices, and/or request for documents from the Commission on Human Rights (CHR), and other alleged human rights activist/bodies.”84 The need for clearance was conveniently used to delay or deny action on the Commission’s requests. For example, the regional PNP turned down the Commission’s letters seeking information about alleged drug-related killings in the Bicol region for being premature. The letter dated 14 August 2017 stated that, "as of this time, this office is still in the process of collating and validating all the available data for analysis and investigation, hence, PRO5 cannot yet release information and documents that might mislead the public, endanger lives of persons, and prejudice the on-going investigation and police operations.” It further stated that it was “awaiting for guidelines from the higher office that will govern the release of said important PNP data to persons and offices." This policy of uncooperativeness was further entrenched by “presidential directive.” On 08 September 2017, it was reported that President Duterte instructed the PNP and military not to participate in any investigation into alleged human rights violations committed by its agents without his clearance. In an interview, the undersecretary of the DILG confirmed such directive and also revealed that the President denied the request of the Commission for the release of police’s case investigation folders.85 After the issuance of the “presidential directive”, the PNP HRAO of the National Headquarters released the “Advisory on the Granting of Notices and Request for Documents by the Commission on Human Rights and other Human Rights Organization/Bodies” on 25 September 2017. The Advisory was addressed to all regional directors and directors of NSUs.86 The Advisory appears to amend the July 2017 memorandum due to the “presidential directive.” 83 Available at https://www.officialgazette.gov.ph/2016/07/23/executive-order-no-02-s-2016/ 84 See par. 1 and 2 of the “Advisory on the Granting of Notices, Summons, Interviews, and Request for Documents from Human Rights Activists/Bodies” issued by the PNP Human Rights Affairs Office on 25 September 2017. 85 “Duterte ordered police not to share files with CHR – DILG”, RAPPLER, 08 September 2017, at https://www.rappler.com/nation/ 181519-duterte-order-pnp-chr-refuse-share-case-folders/ (last accessed 22 April 2022). See also, https://www.untvweb.com/news/ prrd-disapproves-chr-request-to-open-pnp-case-folders-related-to-ejks/. 86 A copy of the Advisory was attached to the reply of the local PNP in CHR IV-A 2018-0604. 29