CHR to PNP: ‘Nanlaban’ cases should be proven in court

“All cases invoking self-defense (“nanlaban”) should be proven in court, especially those involving state-agents or police officers.” (Photo: Philippine National Police/Facebook)

“All cases invoking self-defense (“nanlaban”) should be proven in court, especially those involving state-agents or police officers.”

This statement was reiterated by the Commission on Human Rights (CHR) on Thursday, adding that the validity of police officers’ claim, who kill alleged suspects on the ground of self-defense, must be “established in proper court proceedings.”

In its statement, the CHR even mentioned the case of lawyer Argel Joseph Cabatbat who was attacked by three men riding two motorcycles at the corner of East Avenue and EDSA last February 13.

Reports said that the lawyer did not only survived the ambushed, but he also killed one of his attackers and injured another when he chased and ran them over.

The slain assailant was later identified as Mark Boquera Ayera, a police officer who was absent from duty without official leave. Meanwhile, the injured assailant was identified by the Quezon City Police District (QCPD) as John Paul Cerillo, a former overseas Filipino worker.

The CHR said that the QCPD will still be filing criminal charges against Cabatbat despite admitting that he was the victim of the assault. The lawyer still needs to be charged to comply with the procedure as there was an individual died in the incident.

“Quezon City Police District (QCPD) Chief Supt. Guillermo Eleazar, days after, said: “It is true that Cabatbat is the victim, but it is procedural to file the case because someone died,” CHR’s statement read.

The human rights group said that the same method should be applied not only against civilians who claims self-defense but also against uniformed men in so-called “nanlaban” cases.

“They must also prove in court that their killings of suspects are in self-defense,” it stressed.

According to the Social Weather Stations (SWS) report last year, 54 percent of Filipinos believed that those killed under President Rodrigo Duterte’s campaign against illegal drugs did not resist the police, while 49 percent said that the victims were not drug peddlers.

The results of this survey conducted in June 2017 showed doubt about the claim of the Philippine National Police (PNP) that suspects were drug personalities who resisted arrest.

The New York-based Human Rights Watch’s report earlier said that Duterte’s war on drugs took the lives of more than 12,000 drug suspects. However, this was refuted by the Palace saying that the number of alleged drug offenders killed in police operations is only at around 4,000.

“The right to life deserves our highest respect. We call on the government to uphold human rights and the rule of law at all times. Law enforcers are not above the law and should be equally accountable for human rights violations,” the CHR noted.