Lawyers group condemns war on drugs, says it is ‘unconstitutional’

FILE: “Until today, President Duterte has not given any written instruction to implement war on drugs,” Diokno said. (Photo: Philippine National Police/Facebook)

Nationwide human rights lawyers organization asked the highest court to stop the Philippine National Police (PNP) from implementing President Rodrigo Duterte’s war on illegal drugs.

Free Legal Assistance Group (FLAG) has filed a 41-page petition before the Supreme Court (SC), asking the high court issue a temporary restraining order (TRO) halting the Command Memorandum Circular (CMC) No. 16-2016 otherwise known as PNP Anti-illegal drugs campaign plan project: “Double Barrel”.

FLAG said that CMC 16-2016 is patently illegal and unconstitutional. The group believes that it violates the right to life, to due process of law, and it is authorizing the summary killings of suspected drug offenders in the guise of ‘neutralizing’ or ‘negating’ them.

“The PNP’s war on drugs has no legal basis because it is based on a mere verbal campaign promise by then candidate Rodrigo Duterte ‘to get rid of illegal drugs’ within the first six months of his term and is not supported by any executive order, administrative order, memorandum circular, memorandum order or proclamation issued by President Duterte,” the petition read.

FLAG chair and De La Salle University law dean Jose Manuel Diokno said that under the revised administrative code, the President has the “ordinance power” but it can only be applied by an issuance of a proper written executive order.

“Until today, President Duterte has not given any written instruction to implement war on drugs,” Diokno said.

The group also cited the 7,000 individuals that were killed since the Duterte administration started its fight against illegal drugs and stressed that the house-to-house visit or “Oplan Tokhang” are not meant to persuade drug offenders to submit themselves before the authorities but rather to kill those who refused to cooperate and denied involvements.

The petition further stated that the activity of compiling lists of drug suspects practiced by the police is also unconstitutional.

The lawyers group also urged the SC to issue a writ of amparo and temporary protection order prohibiting the police from entering residence areas and work places within a radius of one kilometer.

Petitioners also sought the cooperation of National Bureau of Investigation to conduct an impartial probe into the killings of Ryan Dave Almora and Rex Aparri and the shooting of Soriano, adding that the police should submit their firearms used by Almora and Aparri as an evidence.

“The present war on drugs being waged by the government is not going to stop illegal drugs, crime and corruption,” Diokno said during a press conference.

“It will only result in the killing of more and more people especially the poor,” he added.

Meanwhile, PNP spokesman Dionardo Carlos said that they welcome the filing of the petition.