Complicated definition

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BY AYIN DREAM D. APLASCA
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THE 1987 Philippine Constitution states: “No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the law.”

Of course, we don’t want to support the death of thousands of innocent lives. However, it seems that many people are willing to entrust to the police and the vigilantes the lives of many.

Recently, it was reported again that the government has said there are no extrajudicial killings in the country. It reiterated that killings that take place during police operations are not extrajudicial killings and that the so-called war on drugs does not involve the said kind of killings.

But what now is extrajudicial killing?

The definition seems complicated because of what is happening in our country. Usually, it is defined by law as killing due to the political affiliation of the victims. It has a specific method of attack and there is usually the involvement of state agents or policemen in the commission of the killings. It is committed without due process of law. It is without legal safeguards or judicial proceedings.

In our country, extrajudicial killing is synonymous to political killings where political motive is involved. The usual victims are political activists and journalists. However, in our time, drug addicts and pushers are also included.

In almost all cases, this kind of killing bypasses due process of law. Mostly, this is considered inhumane and unethical. Section 3(a) of the United States Torture Victim Protection Act contains a definition of extrajudicial killing: “Deliberate killing not authorized by a previous judgement pronounced by a regular constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Such term, however, does not include any such killing that, under international law, is lawfully carried out under the authority of a foreign nation.”

Unfortunately, there is no clear definition of extrajudicial killing in the Philippines. I guess Congress has yet to provide a definition through a statute. Thus, one should be very careful in calling those who died as victims of extrajudicial killings. It would amount to prejudice.


(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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