Message from the Commissioner
Karen S. Gomez-Dumpit
Impositionof the capital punishmenthas always been regardedas an ineffective solution.
There is no conclusive evidence that death penalty acts as a deterrent to crime. It is the
failure of our justice system and lack of political will to effectively prosecute and
rehabilitate perpetrators that must be addressed to curtail the commission of violent
crimes.
Thereis noinfallible, perfect justice system. According to a study by the SupremeCourt,it
took eleven years to resolve 60percent of the capital cases elevated to it for automatic
review. The average time for cases to be resolvedatthetrial level is 6-10 years. Moreover,
the effects of the unequal application and arbitrarinessof death penalty on the convict and
his family are irreversible and the harmis absolutely irreparable. Its passagewill, in fact,
create more victims. Protracted trials are humanrights violations per se andthe passage of
the death penalty will not accelerate this process of claiming justice for victims. And when
a litigant sees the culmination of his/ her case, more than 70 percent of the time, the
conviction at thetrial level is erroneous.
The imposition of the capital punishment disproportionately affects the disadvantaged,
marginalized and vulnerable who cannotafford to retain prominent and competentlegal
counsels. The practical effect of death penalty is discrimination against the poor.
Lastly, the Philippinesis a signatory to several international treaties such as the Universal
Declaration of Human Rights (UDHR), International Convention on Civil and Political
Rights (ICCPR), Second Optional Protocol to the ICCPR which absolutely prohibit the
imposition of death penalty. Withdrawalfrom these treaties is impermissible. Accordingly,
any attemptto reintroduce the death penalty is a blatant breach of international law and
constitutes an internationally wrongful act subject to international responsibility.
This publication offers inspiration, encouragement and ideas on how to move towards
abolition. As the Focal Commissioner on Anti-Death Penalty and a defenderofthe right to
life, I urge all to consider the moraljustifications, human rights considerations and the
impactofrestoring the capital punishment. We must follow the global practice towardsits
abolition. Let us notspiral into a regressive policy and be misledto believe anillusory
promiseto perfect a justice system by extinguishinglife.
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