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| Opposition Senator Leila De Lima, left, talks to her close ally Senator Franklin Drilon prior to delivering her privilege speech at the Philippine Senate session, a day after being ousted from the chairmanship of the Senate Committee on Justice and Human Rights Tuesday, Sept. 20, 2016 in Pasay City, Philippines. De Lima, who led an investigation into President Rodrigo Duterte's bloody anti-drug campaign, was ousted from the justice committee in a vote that human rights advocates said could derail accountability in the crackdown. AP/Bullit Marquez, File/By Alexis Romero |
HRW has asked the Duterte administration to “immediately drop” what it described as the “politically motivated” cases filed by the Justice department against De Lima, a staunch critic of the president’s anti-drug war. According to the New York-based group, the charges stemmed from “political vindictiveness” that debases the “rule of law” in the country.
"Drug cases do not involve one's political beliefs. It involves one's choice to be involved in illegal drugs," Presidential spokesman Ernesto Abella said in a statement.
"De Lima's case is not politically motivated. It is, simply put, 'criminal in nature.' The human rights organization might bear that in mind before it attempts to obligate the Duterte administration," he added.
Echoing Justice Secretary Vitaliano Aguirre II, Abella said it is wrong for De Lima to refer to herself as a political prisoner.
Last week, the Justice department filed three criminal cases against De Lima and officials of the Bureau of Corrections and the National Bureau of Investigation in relation to the drug trade in New Bilibid Prison before the Muntinlupa Regional Trial Court.
De Lima was accused of violating the Comprehensive Dangerous Drugs Act of 2002, which prohibits the sale, administration, dispensation, distribution and transportation of illegal drugs.
Abella said HRW "blithely ignored" the approximately one million drug users and dealers who surrendered, the discovery of industrial size illegal drug factories and the "narco-politics" that "has gripped local politics, law enforcement and to some extent the legislative and judicial departments."
He also criticized HRW for calling on foreign governments to denounce the Duterte administration for its supposed disregard for basic human rights.
"It (HRW) banally disregards the right of a nation to protect its citizens against the menace of a global drug industry, and terrorist-connected drug trade; and that it has done so with assumption of regularity," President Rodrigo Duterte’s spokesman said.
"Instead, it profusely quotes the discredited witness Edgar Matobato, and broadly paints the ‘killings of thousands of alleged drug uses and drug dealers after Duterte took office on June 30’ without carefully delineating what properly belonged to legitimate police operations, internecine, drug trade cleansing, deaths not related to drugs and deaths under extra-legal means," he added.
Matobato previously claimed that he was a member of Davao Death Squad and that Duterte ordered the execution of several people when he was still mayor of the city.
'De Lima should welcome filing of cases'
For Chief Presidential Legal Counsel Salvador Panelo, De Lima should welcome the filing of cases against her as it would provide her a chance to answer the allegations against her.
"What is more important is she has an opportunity to defend herself. She should welcome it," Panelo said in an interview with reporters.
Panelo also believes that the regional trial court (RTC) has jurisdiction over the senator’s case.
"Republic Act no. 9165 states that all drug cases must be filed at the regional trial court. Moreover, there is a Supreme Court circular as early as last year which states that drug-related cases should be filed before the RTC," he said.
"Assuming that they (De Lima camp) are right (to question the jurisdiction of RTC), that’s just jurisdiction, it (case) will be dismissed but it will be refiled again."
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