WATCH: Chito Gascon Dismayado, DUMAMI ang NAMATAY “Dahil sa DUTERTE’s ADMINISTRATION”

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0:00    asians in aid of legislation a Senate
0:02
committee report shows there was no
0:06
state-sponsored killings in relation to
0:09
mr. that this drug war but the numbers
0:12
tell a different story
0:13
well at least according to the
0:15
commission on human rights and other
0:17
groups and now that a death-penalty Bell
0:20
is being pushed in Congress how can the
0:22
chr make it stand let’s go straight to
0:26
the source of the story
0:27
chr chairman chito gets caught thank you
0:30
for being here so no thank you for the
0:32
invitation I’m happy to be here in the
0:34
eve of Human Rights state it is the eve
0:36
of human rights day we are going to
0:38
memory that tomorrow let’s begin with
0:40
the committee report that came out very
0:43
recently
0:44
senator richard gordon chairman of the
0:46
committee on justice and human rights
0:48
saying that there is no state-sponsored
0:51
killings
0:53
what do you think of that well we
0:56
respect the Senate committees decision
0:59
to make its own judgment or things
1:01
however from the point of view of the
1:04
Commission human rights human rights
1:07
defenders and actually the International
1:09
Human Rights Committee community we
1:13
believe that it’s premature for the
1:16
Senate to make a decision of this nature
1:18
given that the president’s war on drugs
1:22
is continuing and that the debts are
1:26
piling up and unfortunately and this is
1:30
very important to highlight no one has
1:32
yet been upheld to account for these
1:34
stats because when you say
1:36
state-sponsored and he says now there is
1:38
no state-sponsored killings
1:40
it’s not just about the perpetrators but
1:43
it’s about the state in ensuring that it
1:47
will hold the perpetrators to account
1:50
meaning investigations are conducted
1:51
prosecution’s are underway and
1:54
ultimately convictions occur
1:56
yes but when the national bureau of
1:58
investigation itself finds a
2:01
determination of on as assassination an
2:04
execution
2:07
despite the official line
2:09
the those who are involved at nine lab
2:11
man who but no proof of Nanda band has
2:14
happened and then the president will say
2:17
he will make sure they are not going to
2:20
jail
2:21
I don’t know how else to describe that
2:24
but being state-sponsored so because the
2:27
president said I will not allow my men
2:31
to go to jail you feel or you’re saying
2:34
now that that is state-sponsored will
2:36
automatically when this press that says
2:39
it will be bloody I kill you I will
2:41
pardon those policemen that will be part
2:45
of this whole process it’s essentially a
2:49
public policy now I’m not saying every
2:53
single death has a reason over the last
2:56
five months was state perpetrated a
3:01
significant number are committed by
3:04
vigilantes who we do not know at this
3:08
point in time who they are there is some
3:11
anecdotal evidence to suggest that there
3:14
is at least in some cases some
3:16
relationship between some rogue elements
3:19
of the police and these vigilantes but
3:21
at least with respect to the over 2,000
3:25
deaths that resulted from what are
3:27
ostensibly legitimate police operations
3:31
and in every single instance manly man
3:34
including the one involving mayor
3:38
Espinosa again they said no man but when
3:42
you look further and deeper
3:44
it appears to be the case that at least
3:48
in many of these instances it is it that
3:50
then the police authorities that got
3:53
involved in this estate agents must be
3:56
held to account and if they’re not held
3:58
to account then that essentially
4:00
state-sponsored ok i was going to talk
4:02
about that a little later on in the
4:04
program but since you brought it up
4:05
already
4:06
yesterday there was suppressed briefing
4:08
coming from the DOJ secretary big eater
4:11
and II pnp chief ronald LMAO Secretary
4:15
of it together were quick to defend the
4:17
president first
4:18
let’s put this put this into context the
4:20
president’s words he was saying that he
4:22
believes the testimony of the policeman
4:26
and he said he will not allow them to go
4:29
to jail but that is subject to a lot of
4:31
interpretation but first let’s listen
4:33
exactly to what the president said I
4:37
will not allow these guys to go to
4:38
prison
4:39
baskin as a BNP I murder totally
4:45
undermine bi I and their communion
4:48
Department of Justice what when
4:51
Newcastle also because the Apple anyone
4:55
the opposite police believing in me or
4:58
chris messina pretty well Angela and
5:03
police on criminal you need to go back
5:07
home not political 7sec be cool and we
5:12
will toss it
5:14
this is a PMO’s error will leave in a
5:16
min doubles of the man back to totally
5:20
and my troubles
5:22
how does that make you feel well that’s
5:26
actually been what we’ve been saying
5:28
from day one know that the the
5:31
government has an obligation to ensure
5:33
that our communities are safe and
5:36
protected that criminals must be pursued
5:39
after all have criminal oh but they must
5:41
do so in accordance with due process
5:43
rule of law and respect for human rights
5:46
and up to this point in time
5:49
why we’ve had some differences in the
5:52
course of monitoring human rights cases
5:56
with security forces for the most part
5:59
the great majority of our security
6:01
forces the police and our soldiers have
6:05
over the last 30 years since the
6:07
restoration of democracy been respectful
6:10
of established norms and when there are
6:14
perpetrators they don’t cover up front
6:17
but now with President the third is a
6:21
vision of law and order and strong of
6:25
male fist approach it appears is
6:29
essentially giving law enforcement
6:31
officials apart blanche to do whatever
6:34
they would and this of course creates
6:37
the environment and context for quick
6:40
fixes or shortcuts violations of what’s
6:44
called the police operations procedures
6:46
manual p 0 p man 1 which also definitely
6:50
includes what is referred to as the use
6:52
of force continuum use of force
6:54
continuum is a set of standards whereby
6:59
our police before they use a deadly
7:02
weapon must follow and the purpose of it
7:06
is to reduce the risk of death at sea
7:11
and every instance but you know the
7:14
facts show that since mr. 30 became
7:18
president are thatthat’s arising from
7:21
police operations has risen dramatically
7:24
now I’m not saying that they are not
7:26
entitled to defend themselves in to
7:28
defend the communities certainly nonlin
7:31
ban
7:32
if proven is a justifiable circumstance
7:37
but in every single case Miliband 911
7:41
and then we’re receiving comments
7:43
they’re actually alternative stories to
7:46
some of these cases I think what needs
7:49
to be done is we pursue the
7:50
investigations as the NBI did in the
7:53
SPOs ok but it should happen for all the
7:55
also so here’s the question so the NB is
7:58
saying at least in the case of mayor
8:00
Landrieu Espinosa it was arm rub out and
8:03
it wasn’t a shootout but the president
8:05
was saying that he told his men dept
8:08
lebon as you have been saying to fight
8:11
back
8:12
what is the effect you think of the
8:14
president’s statements that he will have
8:17
allowed them to go to jail to the
8:18
finding of the NBI that it was a rub out
8:21
and not a shootout and consequently the
8:24
possible filing of cases by the DOJ
8:27
actually our position is that in this
8:29
case we should find the cases and let
8:31
the courts ultimately result based on
8:34
the evidence and in fact that’s the call
8:36
i also made the second day of Justice
8:37
earlier this week in all the other cases
8:40
where there is a statement of nala ban
8:43
effectively in previous DOJ policy not
8:48
the current one
8:49
the prosecutors would file cases against
8:53
the law enforcement officials Hussein
8:56
and LeBron because you’ve already
8:58
overcome with the threshold of what’s
9:00
called probable cause probable causes a
9:02
determination that a crime had been
9:04
committed and the one who is suspected
9:07
of having committed the crime is the
9:10
person that is currently being
9:12
investigated so in a land nallavan case
9:14
essentially you have a police officer
9:16
that says yes someone died and I was the
9:20
one who did it
9:21
the only difference is there is this
9:23
self-defense the argument right but that
9:26
is not a matter for administrative
9:29
proceedings to determine you don’t wash
9:32
your hands and say okay he scared the
9:35
charges must be filed evidence must be
9:37
presented in the courts and the courts
9:39
will have to determine is not abandon
9:41
you
9:42
this specific case of justifying so what
9:44
happens now to summarize this the NDIS
9:48
it’s are about it’s not a shootout the
9:50
president is basically the president was
9:52
saying that nobody was to shoot up
9:53
another about how are you telling me now
9:56
that it should be almost automatic that
9:59
the oj file this case against the 24
10:01
policeman involved yes it must be
10:04
especially after the NBI hasn’t seen
10:07
that the non Lebanon argument that’s not
10:10
the lie in this case cases must be filed
10:13
in court and let the courts decide but
10:15
what I’m also saying is even in the
10:17
other pieces it it must be same for
10:19
teachers a lot older than this year okay
10:22
before we go on a break
10:23
chairman what happens if it’s a four or
10:26
five man panel that the d.o.g has right
10:29
now looking into this case of the 24
10:33
policeman vs mir Rolanda is not what
10:35
happens if they do not find probable
10:37
costs how would you react to that
10:40
well then it just paints the picture
10:43
that we are that’s unfolding really that
10:45
essentially the law enforcement
10:46
officials can do very well whatever they
10:49
want and people will find it difficult
10:54
to secure justice and the problem is
10:56
with this whole non lebon justification
10:59
that men they’ll know there’s and how
11:04
can we then put anyone to to a Caucasian
11:08
or their excesses what the what the
11:11
president’s statement what he said would
11:13
that affect the ongoing probe by the
11:17
d.o.g I hope not that’s why we have a
11:19
system of rules and laws
11:21
everyone has their mandates in the DOJ
11:25
must still do their job in essence
11:28
chairman looking into the committee
11:31
report that’s how we started this
11:32
interview
11:33
how do you describe the report because
11:34
you know you have senator truly honest
11:36
and I’m requesting lemon committee
11:38
report me on BBM senator Giuliani saying
11:40
i think he called it a piece of garbage
11:42
I’m how would you describe the committee
11:44
report well the statement of fact that
11:49
the committee members have decided
11:51
at this point in the middle of the
11:53
things unfolding to make a determination
11:56
that we at best
11:58
CS premature premature are you at all of
12:02
what is happening now with the CH are
12:05
considering that the death penalty is
12:08
moving quite fast at the house of
12:11
representatives they’re going to speaker
12:13
Alvarez we had him a while back and he
12:15
said that he hopes that the house of
12:18
representatives will be able to pass
12:19
this before the Christmas break
12:22
well it appears that that is the plan of
12:25
the speaker in the the first step has
12:27
been arrived at the committee has
12:30
decided to approve the committee of in
12:35
charge of this bill to bring it to the
12:37
floor we had actually requested that
12:40
there’s be continuing hearings and to
12:42
join more experts and to look at the
12:44
international development as well but
12:47
the committee felt that it was time to
12:50
stop and pass it to the floor
12:55
we hope that the floor of the house
12:57
might consider that this is again
12:59
something that needs further
13:01
deliberation and put it back to the
13:03
committee but do you think that are over
13:07
that wants to make these of christmas
13:09
gift to president the third day that
13:12
they passed the death penalty be about
13:14
their level and so–but but we will
13:16
continue to try and fight this and all
13:18
levels what do you think about that if
13:20
you’re saying that it could possibly be
13:22
a Christmas present by speaker average
13:24
to the president
13:26
yeah well it’s essentially what we are
13:29
seeing since President there they came
13:31
to power a policy of promoting violence
13:35
in different forms we have the violence
13:37
that’s in the streets now in relation to
13:40
the drug war we now have institutional
13:44
state-sanctioned violence by way of the
13:47
region position of the death penalty but
13:49
the fight isn’t over
13:52
there’s still the
13:53
on the opportunity for discussions at
13:55
the Senate are you more optimistic about
13:57
the fight in the Senate
13:59
I you know I heard janitor we shall
14:01
develop saying that in the beginning
14:02
there were about seven senators who are
14:04
opposed to it but at last count there
14:06
are about nine or ten well certainly the
14:10
more senators that are posted the better
14:12
because they need 13 to pass a law and
14:17
so nine or ten isn’t quite there yet but
14:21
we really why we hoped there would be
14:23
more discussions an assessment of
14:27
everything that’s relevant to this in
14:30
fact one of the important things to
14:32
highlight this most states are moving
14:34
away from the death penalty that’s a
14:36
Tennessee internationalization and to
14:38
reimpose after we had already abolished
14:41
this is something that is unconscionable
14:44
okay a quick reaction the United Nations
14:47
Human Rights sent a letter to hope you
14:50
don’t mind I’m reading it I’m here my
14:51
phone to both leaders of Congress
14:53
speaker Alvarez and Senator koko
14:56
Pimentel and he was saying they were
14:58
saying that they are concerned about
15:00
this revival the possible revival of the
15:03
death penalty that we are a signatory to
15:06
the second optional protocol to the
15:08
International Convention on Civil and
15:11
Political Rights what does this all mean
15:13
chairman yeah this is a very important
15:16
matter sent by the UN high commissioner
15:18
and human rights that Congress should
15:21
take into account and this wasn’t
15:22
something that they took into account in
15:24
the house
15:25
we are a party to international
15:27
convention the second option about
15:29
protocol that essentially commits the
15:32
state to do two things
15:34
abolish the death penalty which we did
15:36
but also commits us to not very
15:41
impulsive so if Congress were to
15:44
reimpose the death penalty after it had
15:47
abolished it effectively we will be
15:49
violating this treaty to which we are
15:51
apart now I have a question on that
15:53
because speaker Alvarez that was the
15:55
same argument made by Vice President
15:57
little better and the speaker was saying
15:59
speaker alvarez was saying that
16:01
our loss are superior to us being a
16:05
signatory to any treaty
16:07
what do you say that well first treatise
16:08
are also long now and in fact in the
16:11
scheme of things where there’s more
16:14
interruption globally international law
16:17
does have impact in national laws but
16:20
not our own lost eight presidents over
16:22
international laws as being signaled
16:24
that signatories to treaties or
16:26
agreement know they are taken together
16:28
and holistically in fact the
16:30
Constitution itself our own constitution
16:32
which is our fundamental law has a
16:34
specific provision that says we adopt
16:36
the generally accepted principles of
16:38
international law as part of the law of
16:41
the land and also it has another
16:43
provision that says treaties have force
16:47
in effect once they are concurred in so
16:49
what happens is all that everybody is
16:52
survived there is a conflict of law and
16:55
while a low maybe passed by Congress
16:58
that reinforces it when it does so it is
17:01
in direct conflict with another law and
17:04
we will be in violation of that law
17:07
ok let’s talk about the war on drugs
17:09
what it what is the number of the chr
17:11
right now in terms of death on war on
17:13
drugs and how many cases are you looking
17:15
into and how many cases have been filed
17:18
we have a
17:19
you know this person killings that are
17:23
as a result of the war on drugs is
17:25
unprecedented in terms of scale and pace
17:27
you know over 5,800 in accordance with
17:32
the tally of the major no we don’t have
17:35
our own party actually so we rely on
17:38
what the media and the police report in
17:41
over five months that’s about 10,000
17:45
that’s a month and it’s staggering and
17:48
we just can’t keep pace and we’re very
17:51
small institution now we only are
17:53
currently investigating all of that 5000
17:56
only 420 cases 420k chinon you have your
18:00
hair school we have a hundred twenty we
18:03
have an intention of trying to
18:05
investigate document uncover the facts
18:08
in all of these cases but we just can’t
18:11
do it alone
18:11
that’s why we rely on police we rely on
18:14
the NBI we rely on NGOs to continue to
18:19
document you said the number is
18:21
staggering and at some point you compare
18:23
the number the deaths on the war on
18:25
drugs to the deaths during martial law
18:29
and you earned the ire of the son of the
18:31
president vice mayor power to that day
18:34
yeah well I’m just dealing with facts
18:37
that the reality is we now have 5800
18:40
debts if these are to be believed in
18:43
five months and that’s certainly far
18:45
more than the deaths that have occurred
18:46
in the first few years of martial law so
18:50
I I concede in a in a census are
18:54
different now
18:55
one was debts that were pursued as part
18:59
of the perpetuation of an authoritarian
19:01
rule the other is that the in the
19:05
pursuit of law and order purpose but in
19:09
either case there are human rights
19:12
standards that have to be complied with
19:14
and it known on vice-mayor the dead that
19:18
was trying to make a distinction between
19:20
the kind of people that are victims of
19:22
Hurricane human rights perspective every
19:25
life every person a victim an organized
19:29
system it is a cream
19:30
now they all have right does that mean
19:32
that what does that make of the times
19:35
now because if you have that comparison
19:37
I understand what you’re saying in terms
19:38
of numbers
19:39
what does this period of time mean to
19:43
you compared to the time during martial
19:45
law when there were more killings this
19:46
time than during martial law that we
19:49
haven’t learned our lesson that those
19:51
with authority those who are given the
19:54
monopoly of the use of force must in all
19:59
instances weather in time of martial law
20:01
or in time of peace where the
20:04
authoritarian periods or in democratic
20:06
systems must be held to account this is
20:09
a global problem thinking because even
20:12
in the United States people are now at
20:14
an uproar at so many debts arising from
20:16
police operations as well but I’d like
20:19
to do a follow-up on that is it works
20:21
now are you saying that it’s worse now
20:24
than then it was during martial well
20:27
that requires more messy assessment and
20:30
analysis no I wouldn’t say it’s worse in
20:33
the sense that we still have a democracy
20:35
Congress are still operating our quarter
20:38
operating you have a commission right on
20:40
human rights at the saying you know we
20:42
should stop this get back to reason and
20:44
rationality but what this word is the
20:49
fact that people are dying you have a
20:53
seven-year term the Commission on Human
20:55
Rights you’re the chairman you have four
20:57
members of the board again as I said a
21:00
seven-year term you have very have a
21:04
very cold relationship with the
21:05
president right now chairman has it
21:08
entered your mind have you thought about
21:10
it that you know because it’s so
21:14
difficult possibly for you and your team
21:16
I’ve spoken to commissioner and another
21:18
Commissioner as well Commissioner
21:20
daddy’s have you ever thought of leaving
21:22
your posts are resigning because of the
21:24
current relationship you have with the
21:25
president not the answer to that is no I
21:28
have not thought about it because I when
21:30
I took my oath of office to uphold the
21:33
fan fulfill human rights I
21:35
I knew that this must be done in good
21:38
times as well as in bad times and you
21:41
know all administration’s have their
21:42
fair share of human rights violations
21:44
and we need to call them out so we just
21:46
need to speak truth to power and do the
21:48
artwork and remind those in the
21:52
executive department because we’re
21:54
independent of the executive department
21:55
we our role is to be a monitor in
21:57
watchdog to remind them of their duties
22:01
and to call them out if they violate
22:02
human right how difficult has it been
22:05
for the chr well it’s been difficult in
22:08
terms of the resources needed to keep
22:11
pace but we’re still encouraged by the
22:15
commitment of our staff as well as the
22:19
human rights our community and we will
22:22
do the best we can and maybe from day
22:25
today might not be enough but hopefully
22:28
over time it may be enough chairman she
22:31
just called good to have you and of
22:33
course good luck that thank you so much
22:36
very much

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