EJK: Is it the answer to change? By: REY ADRIAN SUMUGAT In the verge of the campaign of Duterte’s Duterte’s administration against illegal drugs, human rights advocates and the unnumbered critics of this government have decried of extrajudicial killings. Many have expressed and even criticized and accused the President for human rights violation. The intensive war against the proliferation of the illegal drugs in all places in the country has called the attention of the many Filipinos both political leaders and ordinary citizens. It also has drawn flaks among international community leaders, international organizations, and peoples from around the world. Condemnation of the anti-illegal drugs battle is mostly due to and centered to violation of rights to life as many have wept. Rightfully the government’s intention is to eradicate illegal drugs in all sorts in the th e country. It’s striking that this sovereign drive has been associated with extrajudicial killings and worst the state’s critics and political opponents have accused the President of committing and endorsing killings without due process. Also, the United Nations Nations and European Union have urged the country’s head of state to stop the extrajudicial killings. As what Senator Allan Peter Cayetano stated during the Senate’s Committee on Justice hearing on the alleged extrajudicial killings of law enforcers, everyone has to be lectured on what is an extrajudicial killing. All should have to know, what is really extrajudicial killing? When is killing considered to be extrajudicial? Are all deaths in the country extrajudicial? Or is it only the media who has sensationalized the numbered deaths and framed the minds of the people to the issue of non-judicial killings? What could be transpired from all the efforts of the government to stop the more than three decades old problem on drugs? Is everything in the campaign really extrajudicial? Countless questions have puzzled every citizen of the country and the humanity across the globe. The countrymen including the people of the world need to be rightfully educated of the whole truth. If extrajudicial has existed in the drive of the government, then offenders should be held liable. For the inalienable right to life is constitutionally protected. And it is the duty of the state to protect the rights of its citizenry. Although the government has denounced publicly such extralegal execution and argued that such killings are committed by non-state actors. The perpetrators of the numbered deaths relating into illegal drugs is still at large. Investigations and charging criminal cases to culprits are not enough if there is such commission of extrajudicial execution.
The term “extrajudicial killings” as used by various media outlets to define killings of the drug addicts during the campaign of the government against illegal drugs is wrong according to Senator Cayetano. He also argued that on 2012, former President Benigno Aquino III and ExDepartment of Justice Secretary and who is currently Senator Leila De Lima signed an administrative order to know when the term “extrajudicial killings” can be used. In such Administrative Order No.35, extra-legal killings (ELK) or extra-judicial killings (EJK)- for purposes of operationalization and implementation of this Administrative Order No.35, the ELK/EJK will refer to killings wherein: a. The victim was: i. a member of, or affiliated with an organization, to include political, environmental, agrarian, labor, or similar causes; or ii. an advocate of above-named causes; iii. a media practitioner; or iv. person(s) apparently mistaken or identified to be so. Learning from this signed Administrative Order No.35 operational guidelines of EJK, killings of common lawbreakers like drug lords, drug pushers, and drug addicts must not be referred to as extrajudicial killings and shall be addressed with other appropriate words within the judicial system. It is definitely wrong to view the issue of engendered deaths and use the term extrajudicial killings. There is no EJK in this case in the country. Only, there are killed drug delinquents, crimes committed as it can be further referred. On the other side, the government has protected the right to life of its people. Well, killing drug delinquents on legitimate police operations really matters much more the life of the victims of drug-related criminals. As human rights advocates and political partisans have professed that these suspected criminals’ rights to life must be respected same is true with the rights to life of their victims. The government is doing its part of guarding and saving its people from all the cunning effects of narcotics. Just recently, the government has announced the soft opening of the mega rehabilitation facility inside Fort Magsaysay in Nueva Ecija. This is to prove that the government is concerned not onl y to the welfare of the righteous but the victims of illegal drugs as well. Now, who’s right is best to be protected? It should be the rights of the entire citizenry and not the felons. The right to life is fundamental to all mankind in the land.
And the right to live cannot be breached by anybody. Casualties in the anti-narcotics drive are inimical. But everyone has to understand that in legitimate police operations and the enforcers lives are put in danger, then, expectation for any casualty is at stake. It would either the police operatives or the drug offenders. Of course, these drug offenders would not just simply surrenders and the police likewise would not simply la y down the laws.
Conclusion
Human rights violation in any way is not acceptable. Whatever will be the reasons for killing will not justify that the government is after the bulwark of the state. The right to life is fundamentally basic and is not to be breached. In the determination of the government to stop illegal drugs, the phrase “extrajudicial killings” have gone controversial locally and internationally. Furthermore, there are only killings for many decades but the government is not behind it. The sovereign state has its duty to protect its populace from any harm. And illegal drugs problem have persisted and have caused the many victims and the country too much problems. In all of these, the government has been cleared of the allegations of extrajudicial killings. The moved to eliminate illegal drugs will continue to be intensive. It has to stay and be mindful of every human’s constitutional rights. To fervently solve the root of these unlawful death problems in the country, it is proposed that the government shall: 1.
Provide and legislate a clear-cut definition of extra-judicial killings
2.
Curbed laws and be implemented fully
3.
Held culprits accountable including law enforcers committing violations
4.
Make media accountable for their malicious reporting
5.
Educate the people about human rights, violations, and laws for protection
6.
Report to authorities all illegal acts
7.
Develop trusts among government bodies, law enforcers, and the Filipino citizens
