UNITED NATIONS Special Rapporteur on Extrajudicial, Summary or Arbitrary Killings Agnes Callamard scored President Rodrigo Duterte for placing conditions on her visit to investigate the growing number of deaths in his bloody war on drugs.
In an e-mail interview, Callamard urged the Philippine government to reconsider its decision to place conditions on her investigation of summary executions.
“I have written to the government of the Philippines on December 15th to explain that these conditions are inconsistent with the Special Rapporteur Code of Conduct and Terms of Reference for country visits. I have highlighted in particular the principles of independence and confidentiality, which should guide my mission, and the necessity of building and maintaining trust with all stakeholders, precluding any public debates,” Callamard told Manila Standard.
Callamard also stressed in her letter to the Philippine governmen that the special rapporteur’s code of conduct states that she will “not seek or accept any instructions from any government.”
The Philippine government specified “three preconditions” to Callamard before she can make a visit:
A public debate between the President of the Philippines and the Special Rapporteur;
That President Duterte have the opportunity to propound his own questions to whoever he deems appropriate, including the Special Rapporteur; and That the Special Rapporteur first takes an oath to confirm her intention to truthful.
“I urge the authorities to reconsider their three conditions, in view of the Code of Conduct and my letter to them. It is crucial for the effective implementation of any mission that the terms of references and code of conduct are fully accepted and respected by governments,” she said.
“These are essential guarantees which ensure that the mission delivers on its outcomes, to the benefit of all those involved. Allow me to reiterate that I remain deeply committed to undertake a visit to the Philippines to investigate the alleged extrajudicial executions in the context of the war on drugs,” she added.
The government had sent a letter of invitation to Callamard but set conditions for her visit.
“Since it is this administration that is maligned as being behind these extrajudicial killings, due process requires that the President of the Philippine Republic, be given the opportunity to propound his own questions which have been nagging him for some time,” the letter signed by Executive Secretary Salvador Medialdea said.
Duterte is “entitled to know the motive for the investigation, and why the focus is on the Philippines when there are other nations responsible for the death of innocent and defenseless individuals elsewhere in the world,” the letter stated.
Callamard, however, suggested in her letter that she would rather hold a standard private debriefing with the Philippine government at the end of her probe, which could be followed by a joint press conference with Duterte.
“This press briefing would be an opportunity for me to introduce briefly my preliminary findings and for the President to offer his own analysis, reply or rebuttal. Such a format would exclude debate between us, but allow the President to make immediately public his initial reactions to my preliminary findings should he so choose, and for me to uphold the principles that must guide my mission.”
But Foreign Affairs Secretary Perfecto Yasay scored Callamard for concluding that killings in the war on drugs were state-sanctioned.
“I hope Ms. Callamard is not saying this because if she’s really concerned about confidentiality, well she already immediately announced her findings without even investigating first. So it is so hypocritical for her to say now that she’d like to come to the Philippines and investigate and preserve the confidentiality that she needs in arriving at the conclusions, when she in fact already made the conclusions and was not very confidential in announcing the conclusions,” he said.
Yasay also blamed the UN rapporteur for the decision of the Millennium Challenge Corporation, a US funding agency, to stop giving development grants to the Philippines.
He said she should apologize for statements that have “damaged the country tremendously.”
“People had jumped into conclusions that extrajudicial killings have been perpetrated in the Philippines, that there is rampant violation and state-sponsored violation of human rights,” he added.
“In fact, this is one of the basis at which the United States had also made its decision insofar as certain assistance given to the Philippines is concerned.”
Yasay accused the UN rapporteur of breaking protocol when she allegedly jumping into a conclusion based on unverified media reports, “which is not consistent with the protocols established under the rules of her office and the protocols of the United Nations.”
A staunch critic of the administration, Senator Leila de Lima supported Callamard’s call for Duterte to drop his conditions for the UN rapporteur’s visit.
“It is imperative that Dr. Callamard and her delegation be allowed to discharge their duties effectively and unhampered to show to the world that we are still a nation that observes the rule of law, honors the dignity of life, respects the basic human rights, and remains committed to the democratic values of transparency and accountability,” said De Lima.
On Friday, the Catholic Bishops Conference of the Philippines said the Church cannot be silent on how the government deals with the illegal drug trade.
Manila Archbishop Luis Cardinal Tagle said the Church cannot condone “murdering people whether they are victims or not.”
“As long as one is alive, whoever he or she is, that life is sacred. I know that the big issue nowadays is the recent spate of killings—which, they say, afflicts even those not guilty, the innocent —but whether a person is guilty or not, life should be cared for and respected. And if a person is guilty, give him new life –the opportunity to rise from his old life,” Tagle said.
Manila Auxiliary Bishop Broderick Pabillo said the Church grieves with the families, especially the poor, who have lost loved ones without due process of law.
“We cannot afford to keep silent. This is another way of terrorizing the people. But now is really the time to speak,” said Pabillo, who chairs the bishops’ Commission on the Laity.
The prelate called on the public to act now against human rights abuses and not wait for more bodies to pile up. With Vito Barcelo, Macon Ramos-Araneta
