A post accusing the Duterte critics of applying “double standard” in branding all killings extra-judicial is making the rounds online.
Facebook user Ermin Garcia Jr posted his sentiment on Monday, a few hours after the Senate hearing led by Senator Leila de Lima adjourned.
Mr. Garcia agreed that we are barely scratching the surface of the so-called “extra-judicial killings”!
At was at this juncture that Mr. Garcia brought up Administrative order No. 35 which he said was issued during the Aquino administration. AO 35 sets the parameters that constitute “extra-judicial killings.”
According to AO No. 35, extra-judicial killings are “killings, enforced disappearances, torture and other grave violations of the right to life, liberty and security of persons,” of following persons: 1) member of, or affiliated with an organization, to include political, environmental, agrarian, labor, or similar causes; or 2) an advocate of above-named causes; or 3) a media practitioner or 4. person(s) apparently mistaken or identified to be so.”
In addition, he argued that there are other circumstances that need to be considered: “The victim was targeted and killed because of the actual or perceived membership, advocacy, or profession; the person/s responsible for the killing is a state agent or non-state agent; and the method and circumstances of attack reveal a deliberate intent to kill.”
With that being said, he lamented why former officials and supporters of the previous administration now brand killings of all persons including drug suspects by hitmen riding in tandem as EJKs!
Mr. Garcia says this where President Duterte’s anger is coming from.
Before ending the post, he reminded the readers that one of the major prime movers in the crafting of AO 35 was Secretary de Lima.
Meanwhile, after realizing that she is getting the flak from netizens because of AO 35, de Lima says that the drug suspects are also covered by the said AO.
De Lima’s attempt to extricate herself from the criticism over the AO 35 merited another round of bashing from Ermin Garcia Jr that reads:
BELIEVE IT OR NOT…BUT
De Lima says: A.O. No. 35 covers drug suspects!
While the De Lima committee was justified to remind and compel law enforcement agencies to strictly observe rules of engagement in dealing with drug suspects, Sen. De Lima, however, decided to apply a established rule differently in her case.
It was, therefore, distressing to hear her stretched the coverage of the Administrative Order No. 35 liberally and unilaterally towards the end of the committee hearing, interpreting it to include killing and deaths of drug suspects as covered simply by her own reckoning.
She, in tandem with CHR’s Chito Gascon, pointed to the reporting requirements of UN Human Rights Council as the basis for her conclusion that the deaths of drug suspects are covered by her A.O.NO. 35, this, in spite of the absence of any specific reference to killing criminal suspects, like drug personalities in the A.O.
By concluding this, she insinuated that our law enforcers were violating her A.O. No. 35!
Gosh, Sen. Lima would rather help CHR comply with its reporting chores to UN than help sustain the morale of our police officers who are risking their lives to be true to their sworn duties.
No wonder she’s finding herself culpable in many controversial legal affairs, she changes rules at the drop of a hat depending on what suits her. tsk-tsk.
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Source: Ermin Garcia Jr