Showing posts with label drugs. Show all posts
Showing posts with label drugs. Show all posts

Wednesday, December 6, 2023

Two Filipino Lawmakers Want to Kill Chinese Drug Dealers As Revenge

Recently, after exhausting all diplomatic efforts, two Filipinos in China were executed for drug offenses. 

https://www.philstar.com/headlines/2023/12/02/2315993/2-filipinos-executed-china-drug-trafficking-dfa

The Department of Foreign Affairs (DFA) confirmed on Saturday the execution of two Filipinos in China for their involvement in drug-related activities.

DFA spokesperson Ma. Teresita Daza, citing information from the Philippine Consulate General in Guangzhou, disclosed that the execution took place on November 24. 

The DFA delayed the announcement pending formal notification from the Chinese side regarding the execution.

Even with the Philippine government's extensive efforts, including high-level appeals, China upheld the death penalties, citing its internal laws.

"Our repeated appeals were consistent with the laws and values of our nation, which put the highest premium on human life," Daza said.

"In the end, the Chinese government, citing their internal laws, upheld the conviction, and the Philippines must respect China’s criminal laws and legal processes,” she added.

The identities of the two individuals were intentionally withheld out of respect for their families' privacy.

The DFA supported the two since their 2013 arrest in Guangdong, helping through trials and appeals. In 2018, the province's High People’s Court confirmed their verdict. 

The arrest of the two Filipinos was associated with the possession of 11.872 kilograms of methamphetamine hydrochloride (shabu) concealed in DVD players found in their individual luggage.

As upsetting as the execution of these two men is to their families and the DFA even the DFA notes that "the Philippines must respect China’s criminal laws and legal processes." That should go without saying for the laws of any country. When one travels abroad the local laws must respected. These men did not respect those laws but instead attempted to smuggle 11 kilograms of methamphetamine into China and they were dealt with according to the laws of China. 

This act of Chinese justice has been responded to in the most ridiculous fashion by two Filipino lawmakers which boils down to this: Let's put Chinese drug dealers to death.

The first lawmaker, Surigao del Norte 2nd District Representative Robert Ace Barbers, had this to say.

https://newsinfo.inquirer.net/1870026/return-of-death-penalty-sought-after-2-filipinos-were-executed-in-china

Lawmakers on Monday called for the reimposition of the death penalty on drug suspects caught in the country.

The proposal comes, after Chinese authorities executed two Filipinos found guilty of drug-related cases.

Surigao del Norte 2nd District Representative Robert Ace Barbers stresed Filipinos are being executed for drug cases abroad, yet Philippines does not impose harsh penalties on individuals convicted of these crimes.

“Our kababayans convicted in foreign lands for drug trafficking are almost always executed, while we extend kid gloves treatment, if not VIP treatment, to foreigners, especially Chinese nationals who are apprehended and convicted of the same offense here,” Barbers said.

The lawmaker is the chairperson of House committee dangerous drugs.

“There should be a similar punishment imposed on these foreign nationals, as well as fellow Filipinos, who introduce drugs into the country,” he said.

“If other countries treat illegal drugs as a threat to their citizenry and the whole society, why are we so soft in treating this menace in our own territory?” he asked.

According to Barbers, both House and Senate should look at proposals to reimpose capital punishment on drug-related cases.

In July 2022, Barbers filed House Bill (HB) No. 1543, which imposes death penalty on certain heinous crimes.

The bill states a foreigner convicted of a drug offense by a local court will get death penalty if such a crime is punishable by capital punishment in the foreigner’s home country.

“China was firm in executing Filipinos, yet we are being flooded with tons and tons of illegal drugs, especially shabu, from China,” Barbers compared the two situations.

“It is a wonder that while China was very, very hard on drug trafficking, the drugs that come to our shores originate from its ports,” he pointed out.

“Yet, we have yet to see one Chinese convict being executed to deter others from committing such heinous crime,” he lamented.

The second lawmaker, Cagayan de Oro City 2nd district Rep. Rufus Rodriguez, said the following.

https://mb.com.ph/2023/12/4/tit-for-tat-ph-should-execute-china-drug-convicts-too-says-rodriguez

Cagayan de Oro City 2nd district Rep. Rufus Rodriguez is proposing a bold response to China’s recent execution of two Filipinos for drug-related offenses. 

The response that the veteran lawmaker wants is a tit-for-tat; basically, an eye for an eye. 

“If they put our compatriots to death for violations connected to illegal drugs, let us do the same to their nationals, many of whom are caught manufacturing, peddling or smuggling drugs into the country,” he said in a statement Monday, Dec. 4. 

Rodriguez said most of the drug law violators caught by local authorities are Chinese. 

“Many of them are even able to get away with their crimes because of connections in high places and, of course, bribery,” added the chairman of the House Committee on Constitutional Amendments. 

He said it is not fair that Filipinos get the death penalty in China, while Chinese nationals involved in illegal drugs in the Philippines suffer only life imprisonment. 

He said drug traffickers and other criminals in China and other countries where the death penalty is imposable “go to the Philippines to pursue their nefarious activities because they know that if they are convicted, they can enjoy life in prison and even continue their illegal pursuits there". 

But for the Philippines to execute criminals--their nationality notwithstanding--Congress must first revive capital punishment through legislation. 

Death penalty in the country was abolished way back in 2006 during the time of former president Gloria Macapagal-Arroyo. 

As such, the Rodriguez called on Congress to immediately pass his measure, House Bill (HB) No. 2459, filed on July 27, 2022. 

The measure is titled, “An Act adopting the higher prescribed penalty, including death, of the national law of an alien found guilty of trafficking dangerous drugs and other similar substances, amending for the purpose Republic Act (RA) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.” 

China carried out the executions and many others in past years despite repeated pleas from the Philippine government, international human rights groups and countries advocating respect life and human rights. 

“While we do not question the laws of China and other countries, we must ensure that our countrymen do not suffer the short end of the stick. As such, there is a need to amend our laws to make sure that foreigners caught violating our statutes on drugs get the harshest penalties that their laws impose,” he said.

There is quite a lot of interesting information in the statements of these two men. 

First, we learn that a majority of the drugs in the Philippines originate from China. That is quite problematic but is a well known fact as we read often in the news that the Bureau of Customs routinely discovers large amounts of drugs concealed in various shipments. The solution to that problem is, at least, tougher and more inspections.

Secondly, according to Cagayan de Oro City 2nd district Rep. Rufus Rodriguez, is that Chinese drug dealers, after they are convicted and sentenced, can live an easy life in prison and "continue their illegal pursuits there." That is also a huge problem. It is well known that New Bilibid prison is a hot bed of illegal activity and corruption. How are these Chinese drug dealers able to "continue their illegal pursuits there" without the knowledge and assistance of corrupt BuCor officials? The solution is to clamp down on such corruption and make prison life uncomfortable and difficult for inmates to continue conducting illegal activity on the outside. Of course measures to curb corruption have been ongoing for years to no avail which is a stain on the justice system of the Philippines. 

Surigao del Norte 2nd District Representative Robert Ace Barbers further claims that these Chinese drug dealers are given the kid glove and VIP treatment. Why is this? Again, that is a problem of corrupt BuCor and DOJ officials. 

Thirdly, Rep. Rufus Rodriguez says he does not question the laws of China but that is exactly what he is doing. He is bemoaning the fact that China's drug laws impose stiff penalties including death. Neither he nor Rep. Barbers are showing any respect for China's sovereignt by wanting to kill Chinese drug dealers as revenge. 

Instead of keeping a stiff upper lip and saying, "Dura lex, sed lex or the law may be harsh but it is the law," which was repeatedly stated by the government during the ouster of Justice Sereno and the denial of ABS-CBN's franchise, they want revenge. They want to put Chinese drug dealers to death. This is a rather petulant and childish response to the death of two of their fellow countrymen. There are two reasons this is not a proper response. 

1. The Philippines is party to the Second Optional Protocol to the International Covenant on Civil and Political Rights which outlaws the death penalty. There is no provision in that treaty for withdrawal from it. To reinstate the death penalty would prove that the Philippines is not serious in keeping its international agreements. I will have an article about that later.

2. Even if the death penalty was revived no current Chinese drug dealers would be executed. It would be unjust and unlawful to resentence them under new guidelines. These two Representatives would have to wait years before their plan for vengeance could be unfurled. The two Filipinos who were executed were arrested in 2013, convicted in 2016, their sentence was upheld in 2018, and it is only in 2013 that they were put to death. Are these two Representatives willing to wait ten or more years for revenge as accused Chinese drug dealers move thorough the very slow justice system?

3. If Chinese nationals were sentenced to death it is very likely the Chinese government would do as the Philippines DFA did and exhaust all diplomatic means to save them. What then? They strike a deal, the drug dealer goes free, and no vengeance. Or the sentence is carried out and China decides to retaliate in some form thus subverting their vengeance. Either way their plan would go awry. 

This reaction from Representative Robert Ace Barbers and Rep. Rufus Rodriguez is totally childish and petty. Legislation should never be a product of revenge. There are plenty of harsh laws in place to be imposed upon drug dealers. That China is a main source of drugs is a problem best handled by the Bureau of Customs and the DFA. That convicted Chinese drug dealers are able to live in relative ease and continue to conduct business is the fault of the Philippines very broken justice system about which these men have nothing to say. 

Rather than seek to solve problems the appropriate way Barbers and Rodriguez prefer the Duterte approach and wish to resort to killing. That is not a solution to the drug problem in the Philippines. Duterte tried it and it did not work. But these are the kinds of men haunting the halls of the Philippine government. Men who want to take a hammer and destroy rather than devise ways to build a working justice system. Men who have no idea how to build a functioning government free from corruption. These kinds of men are part of the problem facing the Philippines. 

Monday, April 3, 2023

The Real Reason the ICC is Investigating the Philippines

The ICC has denied the Philippines appeal to cease their investigation into Duterte's brutal drug war which resulted in thousands of people being killed. This has caused an outcry amongst various politicians and pundits about how the ICC is picking on the Philippines and should investigate human rights abuses in Western nations. Senator Imee Marcos' comments are typical.

https://newsinfo.inquirer.net/1750575/picking-on-ph-but-not-probing-western-nations-icc-a-caricature-of-intl-justice-says-imee-marcos

Senator Imee Marcos on Friday joined the chorus of criticisms thrown at the International Criminal Court (ICC) under the administration of her brother, President Ferdinand “Bongbong” Marcos Jr., as she called the tribunal a “caricature of international justice.”

Imee lambasted the international court, saying it fails to go after crimes committed in Western nations and only picks on “less developed countries” like the Philippines.

The ICC is investigating alleged crimes against humanity committed under the leadership of Marcos Jr.’s predecessor Rodrigo Duterte in the context of his violent war on drugs.

It is rather hilarious that Marcos calls the Philippines "less developed." Isn't it part of her job to help develop the nation? And of course it was her parents who plundered the nation. The reason the Philippines remains undeveloped is because the government is corrupt at every single level from the Barangay hall to Malacañang. What is she doing to remedy that? Nothing at all. 

“The ICC’s long-standing failure to investigate Western nations for countless crimes against humanity makes the court a caricature of international justice,” Imee said in a statement.

She cited the 2003 United States-led invasion of Iraq, which was “based on non-existent weapons of mass destruction and in violation of resolutions by the United Nations.”

According to a Reuters report, the invasion was meant to topple a dictator and usher in democracy but instead plunged war-scarred Iraq into “years of upheaval and chaos.”

“Selective justice, anyone? This month marks the 20th year of the ICC’s failure to bring those responsible to account. The West’s oft-invoked cliché about upholding an ‘international rules-based order’ is apparently a sham,” Imee said.

Is Imee Marcos unaware that the Philippines was part of the coalition of the willing? 

"The Philippines is part of the coalition of the willing. We are giving political and moral support for actions to rid Iraq of weapons of mass destruction," Mrs. Arroyo told the graduating class of the Philippine Military Academy (PMA) at Fort Del Pilar in Baguio City. 

https://www.philstar.com/headlines/2003/03/21/199720/145rp-backs-coalition-willing146

Will she be condemning the AFP and President Arroyo for backing the USA's invasion Iraq? Of course not. 

The senator then went on: “Picking on African nations and other ‘low-hanging fruit’ like the Philippines is easier for the ICC. The perpetual circus of putting leaders of less developed countries on trial seeks to divert the world’s attention from the crimes against humanity committed by the West.”

Imee argued that the supposed diversion promotes the “false image” of Western nations as “unimpeachable protectors of human rights.”

“In case you haven’t noticed, human rights issues are openly used as pressure points, as bargaining chips to serve Western [neocolonialist’s] intertwined political, economic, and military agenda,” she added.

Government officials in both the Marcos and Duterte administrations had repeatedly questioned the jurisdiction of the ICC over the Philippines after its withdrawal from the Rome Statute – the global treaty that created the ICC – took effect in 2019.

But according to Article 127 of the Rome Statute, a state party shall not be discharged from its obligations to the statute prior to its withdrawal.

The Supreme Court also ruled in the same position in 2021, saying that “withdrawing from the Rome Statute does not discharge a state party from obligations it has incurred as a member.”

"Low-hanging fruit like the Philippines?" It's incredible that Senator Marcos is badmouthing the Philippines. Will she recognize that the justice system is broken too? No of course not. 

The running theme is that the ICC is picking on the Philippines while ignoring really real human rights abuses committed by the West. But this is not the case. As far as the invasion of Iraq there was a preliminary investigation into alleged war crimes. There is a lengthy Wikipedia article about it.

https://en.wikipedia.org/wiki/International_Criminal_Court_and_the_2003_invasion_of_Iraq

Senator Marcos and every other politician and pundit bringing up the Iraq war as proof of the hypocrisy of the ICC is simply ignorant of the facts. 

They are also ignorant that the reason the ICC is investigating the Philippines' drug war is not because they are picking on "low-hanging fruit" but because a FILIPINO LAWYER filed a case against Duterte and several other officials in 2017. 

https://www.theguardian.com/world/2017/apr/25/mass-complaint-launched-against-philippines-president-duterte-at-icc

A Filipino lawyer has filed a complaint at the international criminal court (ICC) accusing president Rodrigo Duterte and 11 other Philippine officials of mass murder and crimes against humanity.

In the first publicly known filing to the Hague court against Duterte, Jude Sabio submitted the  77-page complaint that says the president has “repeatedly, unchangingly and continuously” committed extra-judicial executions or mass murders over three decades, amounting to crimes against humanity.

It says the killing of 9,400 people began in 1988 when Duterte was mayor of the southern city of Davao and has lasted throughout his 10 months so far as president, during which he has waged a virulent and bloody “war on drugs”.

The communication is based on the reports of human rights groups, Duterte’s own public admissions that he killed, media reports and the testimony of Sabio’s client, Edgar Matobato, a man who testified in the Philippines senate that he was part of a hit squad that operated on Duterte’s orders.

The complaint also referred to testimony from retired police officer Arturo Lascanas, another hitman who said he personally killed “about 200 people” as a member of the Davao Death Squad. That organisation, Lascanas has said, regularly took direct orders from then-mayor Duterte to kill criminals, political opponents and journalists.

“Sometimes we kidnapped our subject and put the packing tape on their head until they suffocated, and then we would throw them in the street,” recalled Lascanas in an interview with the Observer.

Philippine lawmakers have dismissed the credibility of Matobato and Lascanas, while Duterte’s aides have rejected claims that he killed or ordered unlawful killings, even after he announced that he threw one suspect to his death from a helicopter.

The 72-year-old leader has led a bloody campaign against drugs that has left more than 7,000 people dead since June last year, mostly suspected low-level dealers and alleged addicts. Rights groups say vigilantes, who conduct most of the killings, are paid by the police, a charge law enforcement denies.

A March resolution delivered by European Union lawmakers said there were also “credible reports” that Philippine police falsify evidence to justify extrajudicial killings. However, Duterte has enjoyed widespread domestic support and high approval ratings for his lethal crackdown.

The complaint to the ICC against Duterte and government officials called for an investigation, arrest warrants and a trial.

“The situation in the Philippines reveals a terrifying, gruesome and disastrous continuing commission of extrajudicial executions or mass murder,” the complaint said.

The ICC office of the prosecutor said in a statement said that it had received a communication. “We will analyse it, as appropriate. As soon as we reach a decision, we will inform the sender and provide reasons for our decision,” the office said.

It is true that 3 years later Sabio withdrew the complaint but the ICC says complaints cannot be withdrawn.

https://www.cnnphilippines.com/news/2020/1/14/jude-sabio-international-criminal-court-rodrigo-duterte.html

The ICC Office of the Prosecutor, however, told CNN Philippines that no communication before them can be withdrawn. It added that any supposed withdrawal "would have no impact" on the preliminary examination it is conducting.

"The Office cannot effectively destroy or return information once it is [in] its possession or control. However, the Office would register any supplemental information the sender may now want to provide, including in terms of how to treat such information," its news desk said.

There you go. End of story. The ICC is not picking on the Philippines but is following through on a complaint brought to it by a Filipino. Since the Philippines did not withdraw from the ICC until 2019 the period of their membership, 2011 - 2019, is lawfully covered by the Rome Statue to which the Philippines was a party. There is nothing else to say. If the Philippines refuses to cooperate they can be counted not trustworthy for refusing to adhere to a treaty they willingly signed. Of course when it comes to rulings in their favor like the WPS issue they are all gung-ho for the international rule of law. Don't forget the Philippines remains a member of the UN and President Marcos attended the World Economic Forum with a large retinue because the Philippines remains an integral part of the World Order. 

Please do not think this article is something it is not. This is not a defense of the ICC. This is not a defense of the West. This is not a defense of the 2003 invasion of Iraq. This is a direct rebuke against the ignorance and hypocrisy of self-righteous people like Imee Marcos. Learn the facts before you open your mouth to vomit forth an opinion. 

Sunday, November 27, 2022

Braindead Senator Bato Wants Drug Use Decriminalized in Order to Decongest Jails

If there is one thing Senator Bato does well it is living up to his name which means rock. One would have to have a head made of stone to come up with his ideas. Take decriminalizing drugs for instance. It's a controversial topic which requires a lot of thought to balance out public safety, public health, and justice. But for rock-headed Bato it's a lot more simple than that. 

https://newsinfo.inquirer.net/1697832/bato-dela-rosa-now-having-second-thoughts-on-legalizing-drug-use

Senator  Ronald “Bato” dela Rosa has admitted he is now having second thoughts about his proposed law that would decriminalize illegal drug use in the country.

Legitimizing the use of controlled substances, which is contained in his Senate Bill No. 202, was among those discussed  last Tuesday by the  Senate committee on public order and dangerous drugs which dela Rosa chairs.

Senate Bill No. 202 was filed last July.

(That bill that I authored – which I will sponsor in the plenary, if approved – we created it during the height of our war on drugs where our jails were already getting congested with drug offenders.)

(So we filed this out of pity for those crammed in jails. We want to decongest jails so I thought that maybe we can decriminalize illegal dug using.)

After just one hearing though, dela Rosa said he is now rethinking amid arguments presented during the deliberation.

He cited in particular the strong stance of law enforcement agencies against his proposed law as it might send a wrong signal to the public that drug use is okay since no one will get jailed for doing it anyway.

(I’m having second thoughts now, being the proponent of such a measure.)

“That’s the beauty of Senate hearings, napakinggan mo both sides at ‘yun nga being the proponent of such [a] measure medyo nagdadalawang isip ako ngayon.”

(That’s the beauty of Senate hearings, you can hear both sides and as I said, being the proponent of such a measure, I’m now having second thoughts.)

The senator, however, clarified he is not withdrawing his bill as the committee will still hold another meeting to hear more arguments.

Despite knowing that any proposal to decriminalize drug use would be opposed by law enforcement Bato and Robin Padilla filed Senate Bill 202 out of pity to decongest the jails. Goodness knows Philippine jails are dangerously overcrowded. And Bato's solution is not to fix the jails by making them larger or improving them in anyway but it is to decriminalize drug use. As if that will solve the problem of decongestion. 

One anti-drug group pointed this out.

https://www.gmanetwork.com/news/topstories/nation/852581/anti-drugs-group-opposes-decriminalization-of-illegal-drug-use/story/

An anti-drugs advocacy group on Friday expressed opposition to the proposed decriminalization of illegal drug use, warning of its possible dangers to the community.

“The bill is good for the ears but it’s actually foolishness,” Anti-Drugs Advocate, Laban ng Pamilyang Pilipino chairperson Jonathan Morales told Dobol B TV in an interview.

Morales said psychologists or psychiatrists should take part in evaluating the proposed measure because they know the “state of mind” of drug users.

(If they mix these drug users with the community, it would be dangerous, even more so if they decriminalize the use of illegal drugs just to decongest the jails.)

He added that the government should improve jail facilities instead to address the congestion problem.

Senator Ronald “Bato” dela Rosa, a former national police chief, earlier said he wants to decriminalize the use of illegal drugs to decongest jails and address drug addiction as a health issue instead of a law enforcement matter.

Instead of putting them in jails, Dela Rosa said drug users should only be admitted to rehabilitation centers.

However, Morales pointed out the corruption issues that hound some rehabilitation centers, as well as problems in management, administration, logistics, and monitoring in these facilities.

(There was bribery in the centers between the patients and the people taking care of them. Certifications were being issued that these patients are already well but in reality they are not.)

Patients who are paying receive privileges and special treatment while staying in rehabilitation centers, according to Morales.

Morales also pointed out there is only a small percentage of users who are not pushers because most of them are already selling illegal drugs so they can pay for their own supply.

The fact of the matter is drug use does not need to be decriminalized in order for jails to be decongested. In 2014 the Supreme Court issued guidelines on how to decongest jails. They recommend two things: enforcing the rights of the accused persons to bail and a speedy trial.

https://sc.judiciary.gov.ph/1476/

A speedy trial in the Philippines? Sometimes cases take decades. The justice system is completely wrecked when it comes to speedy trials.

The most congested prison in the Philippines is New Bilibid and the DOJ is implementing measures to clean it up.

https://www.pna.gov.ph/articles/1183555

The sweet taste of freedom finally came for 371 persons deprived of liberty (PDL) who were released Monday, even as the Department of Justice (DOJ) also submitted the names of 300 other PDLs to Malacañang for the possible grant of executive clemency.

"The 371 released were a result of the DOJ and Bureau of Corrections' (Bucor) computation (of time served) with the help of Public Attorney's Office (PAO) lawyers," DOJ spokesperson Mico Clavano told reporters.

Clavano said DOJ Secretary Crispin "Boying" Remulla, PAO Chief Persida Rueda-Acosta, and Bucor Director General Gerald Bantag "collaborated to make this possible. Today, 300 more are up for executive clemency."

The 240 majority of the 371 PDLs released already served their maximum sentence, 98 qualified for parole, while 31 were acquitted and two qualified for probation.

At least 191 PDLs, were from the New Bilibid Prison (NBP) in Muntinlupa, 37 from the Correctional Institute for Women (CIW), while 143 PDLs came from other prison and penal facilities run by the Bucor.

Forty-five including four women were senior citizens.

Remulla, who has announced the prisons' decongestion as a top priority of his office personally visited the NBP.

"This may be the largest mega prison in the world. There may be no other facility with this number of inmates," he said.

Remulla said consultants place the ideal capacity of NBP at 2,500 individuals. "The ideal number in a prison facility is around 2,500. We have more than 10 times that number here in Bilibid," he said.

Remulla said subsequent release of qualified PDLs will follow in the following months. "This is just the beginning, we plan to release PDLs in the coming months. If we get lucky, there will be a batch of PDLs to be released in October, another batch in November, and another batch by Christmas," he said.

Just Google "decongest jails Philippines" and many articles about this problem and its solution will turn up. 

It's simply mind-boggling that the man who was once the head of the Philippine National Police thinks that the decriminalizing drugs is a perfect solution to decongesting jails. Was he not aware of this problem and its various solutions during his term as the top cop?  Here is an article from 2017 when Bato was PNP Chief. 

https://www.philstar.com/headlines/2017/06/16/1710620/philippine-jails-511-congested-audit-finds
The state auditors attributed the jail congestion mainly to the “increase in the number of drug-related cases in the country” as well as the court’s slow or no action on the pending cases “due to lack of judges, postponement of hearings and the slow disposition of criminal cases that carry the penalty of reclusion perpetua or life imprisonment.”

The court also noted that many detainees qualified to post bail remain in jail due to poverty.

“Some cases were bailable but detainees who are below poverty line cannot afford to post bail so they were stuck in the jails,” the report read.

The report further noted that the lots where some jail buildings were constructed “were of limited space, hence, construction or expansions horizontally of the said buildings may not be possible.”

Slow or no action on pending cases and too many poor people able to post bail. Yet three years previously these two exact problems were what the Supreme Court recommended being fixed in order to decongest jails and here we are in 2022 with the same problems. And Bato really thinks decriminalizing drug use will decongest the jails? What an idiot!

Monday, August 1, 2022

The PDEA Vows to Continue the War on Drugs Despite Bongo Not Mentioning it in His SONA

One of the biggest questions people was whether or not the war on drugs would continue once Duterte left office. I always thought this was a stupid question because possession of certain drugs is illegal in the Philippines and it would not be reasonable to think the agencies tased with fighting drugs (the NBI, PNP, and PDEA) would suddenly stop enforcing those laws because no one told them to do so. This week President Bongo gave his first SONA and made no mention about the war on drugs. So does that mean the war on drugs is over? Of course not!

https://www.sunstar.com.ph/article/1936034/cebu/local-news/pdea-central-visayas-vows-to-continue-war-on-drugs

THE Philippine Drug Enforcement Agency (PDEA) in Central Visayas vowed that nothing will change in the government’s war against illegal drugs despite it not being mentioned in the State of the Nation Address (Sona) of President Ferdinand “Bongbong” Marcos Jr.

Marcos delivered his first Sona on Monday, July 25, 2022, wherein he talked about tax reform, tourism, infrastructure projects, education and energy, among other things. He, however, did not mention the fight against criminality and drugs, as well as corruption.

PDEA-Central Visayas Director Levi Ortiz said Tuesday, July 26, that the war on drugs will continue to be implemented nationwide.

He said they will, in fact, strengthen the campaign against illegal drugs in Central Visayas.

(We are under the Office of the President, so we will follow whatever is the will and pleasure of the president.)

(He might have a plan about the fight against illegal drugs and he has yet to discuss it, but we in PDEA, we will continue the fight.)

Does anyone think it is the pleasure of the president to stop enforcing the drug laws? 

Maybe it's something else.  Maybe it's this:

https://www.theguardian.com/world/2016/jul/01/philippines-president-rodrigo-duterte-urges-people-to-kill-drug-addicts

“These sons of whores are destroying our children. I warn you, don’t go into that, even if you’re a policeman, because I will really kill you,” the head of state told the audience.

“If you know of any addicts, go ahead and kill them yourself as getting their parents to do it would be too painful.”

Duterte ordered not just cops but everyone to kill drug users. Bongo has not given such an order yet. But should that really put the drug war in limbo? The war on drugs has been going on since Marcos Sr. enacted the Dangerous Drugs Act of 1972. Why would anyone think that it is going to end now?

Monday, July 25, 2022

The DILG and DOJ Admit the Duterte Drug War is an Abysmal Failure

The war on drugs, wherever it has taken place, has always been a failure. Now we have concrete evidence that this is the case in the Philippines. 

https://newsinfo.inquirer.net/1632340/pnp-record-1-conviction-per-5-drug-cases-filed

The Department of the Interior and Local Government (DILG) and the Department of Justice (DOJ) have ordered a review of the qualifications of police investigators in the country, citing the dismal conviction rate of crime suspects arrested.

In a press conference on Thursday at the Philippine National Policeheadquarters in Camp Crame, Interior Secretary Benjamin Abalos Jr. and Justice Secretary Jesus Crispin Remulla cited the need for capable police investigators as one of the requisites for criminal cases lodged in court to lead into conviction, and improve the criminal justice system in the country.

According to Remulla, the current conviction rate for criminal cases filed in courts stood at “less than 25 percent.”

“This means that we are not really getting a passing grade. This is not a standard that we can live with for the next few years, so we have to change it drastically,” the justice secretary said.

“When the conviction rate is very low, the certainty of punishment goes down. Then the criminals have a heyday, [because they have an] easy time with the law,” Remulla added.

Citing data from 2016 to July 2022, Abalos said that only 21 percent or 62,061 of the 291,393 drug-related cases led to conviction. The majority of these cases at 223,579 or 77 percent remained pending before different courts, while the rest were dismissed or led to acquittal.

He attributed this dismal performance to the lack of training in the judicial process of investigators-on-case, particularly on the police’s failure to follow the chain of custody of evidence under the law due to lack of witnesses.

Drugs are bad m'kay? But look at those stats!! During Duterte's term only 21 percent of drug cases led to a conviction. 77 percent remain pending and the rest have been acquitted due to chain of custody issues. That is abysmal. There is no other word to describe it. The new DILG Secretary wants to reassess training for police investigators. 

https://www.philstar.com/headlines/2022/07/21/2197010/dilg-push-reassessment-training-police-investigators

The Department of the Interior and Local Government said Thursday that it would advocate for a reassessment of the training and qualification for police investigators, especially those participating in the government's anti-drug efforts. 

At a joint press briefing Thursday morning between the Justice and Interior Departments, DILG Secretary Benhur Abalos questioned the training of the country's cops, pointing out as an example that only 123 of the 22,774 police investigators in the country are graduates of law. 

Citing data from 2016 to July 2022, Abalos said that only 62,000 or just 21% of the some 291,000 drug cases filed by the Philippine National Police have landed convictions. Abalos pointed to lack of training in the judicial process. 

"Whatever they have, we will supplement it...There should be a reassessment of those who were chosen. What were their qualifications? What seminar did they undergo?" Abalos said in mixed Filipino and English. 

"What is important is not the quantity of the cases filed but their quality. So we will discuss this with our people and we will have to review it. How do we get our investigators? Is there a volunteer system or an examination they have to take?"

Abalos lamented what he said was the high volume of cases being dismissed on technicalities under the Comprehensive Dangerous Drugs Act of 2002. 

In particular, he pointed to Section 21 of the law, which requires anti-drug personnel to immediately conduct an inventory of seized drugs, while all anti-drug operations should be carried out in the presence of members of the media, officials of the barangay, or a representative of the Department of Justice.

"It's a waste to do all that work only to have cases dismissed on technicalities."

Is this only coming to light now?  Did no one in the Duterte administration fail to recognize these kind of failures? It's hard to believe. Look at this number "123 of the 22,774 police investigators in the country are graduates of law." That means less than 1% of all police investigators are law graduates!



How can anyone look at these numbers and claim that the Philippines justice system is not only functional but world class?? You would have to be stupid to say such a thing.


Drugs are a scourge and need to be eradicated  but you cannot just go in guns blazing and that has been the modus operandi for the past six years. If the majority of these cases do not stand the scrutiny of the law then there is a real problem. Perhaps this new administration can fix it. But I won't hold my breath.

Monday, March 28, 2022

The Shameful Legacy of the Duterte Administration

When we talk about Duterte's legacy we cannot simply refer to Duterte alone. He is one man who ultimately does nothing but give orders. He does not control the economy or the military or the police or any other group. He gives directions and the men who run the various organizations do their best to follow his directions. But what if there were no President? Would the PNP and AFP then be left without a mission? It seems that is the case. 

If Duterte's legacy is that the drug problem was finally squashed that is a shameful condemnation of the PNP, PDEA, and other groups tasked with enforcing drug laws.

https://www.pna.gov.ph/articles/1145584

Philippine National Police (PNP) chief Gen. Guillermo Eleazar on Thursday acknowledged that the anti-illegal drug campaign is one of the main achievements of the Duterte Administration.

Eleazar's statement came following Presidential Spokesperson Secretary Harry Roque’s assessment that the anti-illegal drugs campaign is among the administration's achievements.

"Out of 42,045 barangays, 21,891 barangays have been cleared. Ngayon lang nangyari ito sa kapanahunan ng Pangulong Rodrigo Roa Duterte (This only happened during the term of President Rodrigo Roa Duterte)," Eleazar said.

Latest government data also showed that during 200,632 anti-illegal drug operations by the different law enforcement agencies since 2016, a total of 289,622 suspects were arrested while 6,117 suspects were killed.

The total value of illegal drugs and laboratory equipment confiscated in these anti-illegal drug operations was placed at PHP59.14 billion. Eleazar vowed that the PNP would remain relentless in its anti-illegal drug operations and in its drive to put a stop to the illegal drug trade.

"This only happened during the term of President Rodrigo Roa Duterte." Do these people even stop to think about what they are saying? Why is it that only during Duterte's time as president that the PNP have focused so heavily on the drug problem? What were they doing before 2016??  

It's not Duterte who is fighting the war on drugs. He never arrested anyone or busted a lab or engaged in a shootout or done any of the leg work required in that war. He merely told the PNP what to do and they did it. Are we to suppose that unless they are specifically told to do something the PNP will sit back and twiddle their thumbs? That seems to be the case. 

https://newsinfo.inquirer.net/1561488/fwd-duterte-hopes-his-successor-will-continue-war-on-drugs

President Rodrigo Duterte on Tuesday expressed hope that his successor would continue his controversial war against illegal drugs, saying he is worried that the drug problem would make a resurgence.

“Itong drugs, I hope that whoever would sit as President, would continue this — if not the ferocity that I did, and I accept it, maski man lang ‘yung a little lower than my standard,” he said in a taped public address aired on Tuesday morning.

(I hope that whoever sits as President would continue the initiative — if not the ferocity that I did, maybe just a little lower than my standard.)

(Because it will destroy our country. I am very worried about the resurgence of the drug problem.)

He said the continuation of the campaign against illegal drugs would protect the next generation because “they will have a serious problem in their hands” if the drug problem is not mitigated.

(If the drug problem is so serious now, if you don’t meet it with as much intensity, you will lose.)

Is there really a Presidential candidate who is pro-drugs? Brain-dead morons would say Leni but I digress. The fact is this headline should read "Duterte hopes the PNP will continue the war on drugs" because it is the PNP along with the PDEA who is tasked with implementing and enforcing those laws. 

This is not to say there was no enforcement of the drug laws before Duterte. There certainly were big busts under the Aquino administration. But there was no drug war as it exists under Duterte. Why is that? Perhaps the PNP simply did not care to really squash the problem especially since there are many drug dealers and users within their ranks. 

The fact of criminality within the PNP is another issue. The latest number has the number of dismissed cops since 2016 at over 5,000.

https://www.philstar.com/headlines/2022/01/19/2154963/pnp-over-5000-cops-dismissed-service-under-internal-cleansing

Over 5,000 errant cops have been sacked after motu proprio investigations on alleged abuses and illicit activities as part of the Philippine National Police's regular audit of line units, it said in its latest update on its internal cleansing program.

In a statement sent to reporters Tuesday, Police Gen. Dionardo Carlos, PNP chief disclosed that of 37,124 administrative cases being handled by the Internal Affairs Service, 35,297 have been tagged as closed from July 2016 to Jan. 12, 2022.

“It is with deep sadness to know that the PNP is stained with erring cops. These undesirable members of the organization must face the consequences of their actions,” Carlos said.

“Public service means embracing scrutiny [but] we will let the numbers speak for themselves," he also said. 

This, while the PNP added that "more than 20,000 personnel" have been meted with penalties on the gravity of the offense committed, mostly faced suspension while "some 5,000 police officers" were slapped with dismissal from service, from July 2016 to December 2021.

The PNP's public information office did not respond to requests for a breakdown of the exact figures. As of August 2021, 5,151 officers were dismissed from service while 18,664 cops were also penalized for various offenses.

I suppose they use July 2016 as a marker to show that Duterte has been hard on crime especially within the ranks of the PNP. But really Duterte has nothing to do with it. Once again the onus falls on the PNP to cleanse its ranks but even to this day they are filled with good-for-nothing-lollygaggers, criminals, and idiots. I document this every week in my Retards in the Government series. When Duterte leaves office are we to believe that criminality within the ranks of the PNP will increase? 

The fact is too much blame or praise is given to the President when he is merely a figurehead. He does not make laws or actually enforce them. His underlings do that. Rather than heap praise or blame on Duterte for the war on drugs what we should be asking is what is the problem with the PNP, PDEA, and NBI? Why have they let the drug problem get out of control? Why did they not tackle this issue with gusto long before Duterte?  Why do they need to be reminded to enforce the drug laws when that is part of their job? Will they once again go slack when Duterte leaves office?

Duterte's legacy is a complex thing to navigate. A lot has happened in six years and we still need the distance of time to see the bigger picture. But in the case of the drug war Duterte's legacy can be distilled more easily. Duterte's legacy is that he has exposed the shamefulness of the PNP, PDEA, and NBI in their lax stance about enforcing the drug laws.