In a previous blog, I condemned Davao City Mayor Rodrigo Duterte for the continuing extrajudicial killings and disappearances in his city, which has been perceived for some years now as a de facto cemetery for innocent victims of state-supported terrorism, violence, and crimes of impunity.
I have read the exhaustive 2009 report of the New York-based Human Rights Watch on the death squads of Davao City, Philippines, entitled “’You Can Die Any Time’- Death Squad Killings in Mindanao”.
It deserves serious consideration by Filipino lawyers and jurists if the Philippines is to maintain the stability and relevance of its fragile democratic institutions, downtrodden Constitution, corrupt republican Government, and gasping Justice System.
I wish to digest below the salient parts of the HRW Report.
The notorious and cowboy-type Davao City Mayor Rodrigo Duterte is quoted to have said during an interview with the press in February 2009:
“If you are doing an illegal activity in my city, if you are a criminal or part of a syndicate that preys on the innocent people of the city, for as long as I am the mayor, you are a legitimate target of assassination.”
Although reports of targeted killings in the Philippines, particularly in Mindanao, are not new, the number of victims has seen a steady rise over many years. In Davao City, the number has risen from two in 1998 to 98 in 2003 to 124 in 2008. In 2009, 33 killings were reported in January alone. In recent years the geographical scope of such killings has expanded far beyond Davao City and other cities on the southern island of Mindanao to Cebu City, the Philippines’ second largest metropolis.
The HRW stated that in researching the report, it found evidence of complicity and at times direct involvement of government officials and members of the police in killings by the so-called Davao Death Squad (DDS). It obtained detailed and consistent information on the DDS from relatives and friends of death squad members with direct knowledge of death squad operations, as well as journalists, community activists, and government officials who provided detailed corroborating evidence.
According to these “insiders,” most members of the DDS are either former communist New People’s Army insurgents who surrendered to the government or young men who themselves were death squad targets and joined the group to avoid being killed. Most can make far more money with the DDS than in other available occupations. Their handlers, called amo (boss), are usually police officers or ex-police officers. They provide them with training, weapons and ammunition, motorcycles, and information on the targets. Death squad members often use .45-caliber handguns, a weapon commonly used by the police but normally prohibitively expensive for gang members and common criminals.
The insiders told Human Rights Watch that the amo obtain information about targets from police or barangay (village or city district) officials, who compile lists of targets. The amo provides members of a death squad team with as little as the name of the target, and sometimes an address and a photograph. Police stations are then notified to ensure that police officers are slow to respond, enabling the death squad members to escape the crime scene, even when they commit killings near a police station.
The consistent failure of the Philippine National Police to seriously investigate apparent targeted killings is striking. Witnesses to killings told Human Rights Watch that the police routinely arrived at the scene long after the assailants leave, even if the nearest police station is minutes away. Police often fail to collect obvious evidence such as spent bullet casings, or question witnesses or suspects, but instead pressure the families of victims to identify the killers.
The killings follow a pattern. The assailants usually arrive in twos or
threes on a motorcycle without a license plate. They wear baseball caps and buttoned shirts or jackets, apparently to conceal their weapons underneath. They shoot or, increasingly, stab their victim without warning, often in broad daylight and in presence of multiple eyewitnesses, for whom they show little regard. And as quickly as they arrive, they ride off — but almost always before the police appear.
The killings probably have not generated the public outrage that would be expected because most of the victims have been young men known in their neighborhood for involvement in small-scale drug dealing or minor crimes such as petty theft and drug use. Other victims have been gang members and street children. Frequently, the victims had earlier been warned that their names were on a “list” of people to be killed unless they stopped engaging in criminal activities. The warnings were delivered by barangay officials, police officers, and sometimes even city government officials. In other cases, the victims were killed immediately after their release from police custody or prison, or shortly after they returned from hiding.
Human Rights Watch also investigated a number of cases in which those killed were seemingly unintended targets – victims of mistaken identity, unfortunate bystanders, and relatives and friends of the apparent target. Death squad members also have been victims of death squad killings, possibly because they “knew too much,” failed to perform their tasks, or became too exposed. Some Davao City residents also expressed the belief that some death squad members have become guns-for-hire.
Witnesses and family members who provide information to police on the killings, including the names of suspects, say that police either fail to follow up on the leads, whether they have started a criminal investigation, or if they have made any progress in their investigation. In many cases, witnesses are too afraid to come forward with information, as they believe they could become death squad targets by doing so.
The words and actions of long-time Davao City Mayor Rodrigo Duterte indicate his support for targeted killings of criminal suspects. Over the years, he has made numerous statements attempting to justify the killing of suspected criminals. In 2001-2002, Duterte would announce the names of “criminals” on local television and radio—and some of those he named would later become victims of death squad killings. Duterte claims that Davao City has achieved peace and order under his rule. But with killers roaming the streets with the comfort of state-protected impunity, the city remains a very unsafe place. Duterte and other local officials continue to deny the existence of any death squad. But in recent years, mayors and officials of other cities have made statements attempting to justify similar killings in their own cities. Sadly, Davao City is seen by some as a model for fighting crime. Just as disappointing, there is an almost complete lack of political will by the government at both local and national levels to address targeted killings and take action against the perpetrators.
The failure to dismantle the Davao Death Squad and other similar groups, prosecute those responsible, and bring justice to the families of victims lies not only with local authorities. The administration of Philippine President Gloria Macapagal Arroyo has largely turned a blind eye to the killing spree in Davao City and elsewhere. The Philippine National Police have not sought to confront the problem. And the inaction of the national institutions responsible for accountability, namely the Department of Justice, the Ombudsman’s Office, and the Commission on Human Rights, has fueled widespread impunity.
The continued death squad operation reflects an official mindset in which the ends are seen as justifying the means. The motive appears to be simple expedience: courts are viewed as slow or inept. The murder of criminal suspects is seen as easier as and faster than proper law enforcement. Official tolerance and support of targeted killing of suspected criminals promotes rather than curbs the culture of violence that has long plagued Davao City and other places where such killings occur.
Until national authorities take decisive action to disband the Davao Death Squad and all other similar groups that may be operating in other cities, and prosecute perpetrators and complicit officials, the pledges of President Arroyo and other government officials to respect basic human rights and uphold the rule of law will remain hollow.
Key Recommendations
The Philippine government and local authorities in Davao City, General Santos City, Digos City, and Tagum City, as well as other cities believed to be using or tolerating death squads, should urgently take measures to stop the killings and hold perpetrators accountable.
More specifically, Human Rights Watch urges that:
• President Arroyo should publicly denounce extrajudicial killings and local anti-crime campaigns that promote or encourage the unlawful use of force. She should order the Philippines National Police, the Ombudsman’s Office, and the National Bureau of Investigation to investigate the targeted killings of alleged drug dealers, petty criminals, and street children, and pledge that state employees who are found to be involved or complicit in such killings will be prosecuted in accordance with the law.
• The Philippine National Police should conduct thorough investigations into targeted killings of alleged drug dealers, petty criminals, and street children in Davao City, General Santos City, Digos City, Tagum City and investigate the alleged involvement and complicity of police officers in such killings, including their failure to investigate the killings rigorously and prepare cases for prosecution.
• The Commission on Human Rights should investigate and report publicly and promptly on the Davao Death Squad and other similar groups and the involvement of the PNP and city governments in Davao City and other cities where death squad activity has been reported.
• As part of its inquiry into the targeted killings of alleged drug dealers, petty criminals, and street children, the Commission on Human Rights should investigate whether Rodrigo Duterte, Mayor of Davao City, and other mayors and governors in the Philippines have been involved or complicit in death squad killings, or whether statements by government officials may have incited violence.
• The mayor of Davao City and other local officials should cease all support, verbal or otherwise, for anti-crime campaigns that entail violation of the law, including targeted killings of alleged drug dealers, petty criminals, and street children. They should arrest and prosecute perpetrators of the killings and state employees, including law enforcement officers, who are found to be involved or complicit in death squad operations.
• The Philippine Congress should conduct hearings on the Davao Death Squad and other similar groups in the Philippines, with special attention paid to whether local officials and police officers are involved or complicit in such killings.
• The United States, European Union, Japan, the World Bank and the Asian Development Bank should keep their pledges on human rights, the rule of law, and good governance, press the Philippine government to initiate investigations into alleged targeted killings in cities, and to publicize the results of its investigations and plans to dismantle the Davao Death Squad and other similar groups.