IBP releases 'Tokhang' dos and dont's

With policemen back on the streets to conduct anti-drug operations, the country's mandatory organization of lawyers on Wednesday came out with tips to ensure there would be no repeat of problems that marred the campaign.

The Philippine National Police (PNP) re-launched on Monday its anti-drug campaign dubbed Oplan Double Barrel Reloaded, this time promising well-coordinated execution of its anti-drug operations, and with focus on high-value targets like drug manufacturers, traffickers and drug lords.

The campaign previously hinged on Oplan Tokhang, the police's knock-and plead-strategy of convincing drug suspects to stop using illegal drugs.

"Is there anything legally repugnant about this basic concept (of Oplan Tokhang)? No, it is just as legal as the police responding to a report about a neighbor playing very loud music deep in the night by going to the house of the noisemaker and asking him to stop," Integrated Bar of the Philippines (IBP) president Rosario Setias-Reyes.

However, the IBP said the police officers implementing it must follow some basic do’s and don’ts such as the following:

• The police personnel must be in uniform when conducting subject visitation so that they are readily identifiable as police officers and it is advisable that the visitation be done in coordination with the local barangay officials to ensure the safety and peace of mind of the subject as he will presumably recognize the barangay officials from his own community.
• Visitation should be conducted during daytime so as to minimize the danger of miscommunication, misapprehension or misunderstanding between the subject and the police officers.
• The police must approach in a courteous and non-aggressive manner emphasizing the fact that the intention of the visit is only to talk with the subject and not to arrest him or subject him to any coercive action; 
• If the subject refuses to talk with the police, he cannot be compelled to do so nor can the police enter the premises of his home without any search warrant or probable cause to justify a warrantless entry. No aggressive or coercive actions or statements should be taken or made against the subject at the time of the visitation; 
• If the subject who initially agreed to talk with the police decides to stop the conversation, the police must abide by his decision and must peacefully leave the premises of his home. 
• Any subject who expresses a desire to voluntarily surrender as a drug dependent or drug pusher shall be referred to the nearest local police station for further interview and must be assisted by independent counsel, preferably of his own choice, at all times during the said interview.
• Any statement, undertaking, form, or any other document containing any admission or extra-judicial confession of any particularly criminal activity to be executed by a subject who has expressed a desire to voluntarily surrender must be executed with the assistance of counsel and only after the subject shall have been fully apprised of his rights as a person under custodial investigation; 
• At all times during the entire process, the safety and security of the subject and his rights under the law must be protected and respected in full

Reyes said while the Oplan Tokhang is not illegal, it could "become a fascistic nightmare of police abuse and human rights violations that will only foster fear and hatred against our police officers instead of the respect and support that they should earn and receive."

Policemen rejoined the government's war on drugs after a month-long hiatus, which came following the death of South Korean businessman Jee Ick Joo in the hands of anti-drug operatives in October last year. —Virgil Lopez/KBK, GMA News