PNP insists Kian’s death is no extrajudicial killing

The murder of high school student Kian delos Santos during a police raid last year is not a case of extrajudicial killing (EJK), the Philippine National Police (PNP) insisted Thursday.

Policemen killed Kian, 17, in Caloocan City last year, claiming he first fired at them during an anti-illegal drugs operation.

PNP spokesperson Chief Supt. Benigno Durana issued the statement after a Caloocan City Regional Trial Court convicted Police Officer 3 Arnel Oares and Police Officers 1 Jeremias Pereda and Jerwin Cruz of murder in the case of Kian’s death.

The police alleged that Delos Santos was selling drugs and resisted arrest, but CCTV footage showed delos Santos being dragged by police personnel in the direction of the alley where he was later found dead.

“That crime was committed by these persons, not by the institution. Although they were convicted, we cannot say categorically that this is a case of extrajudicial killing. Definitely not,” Durana said in a press conference.

“A tree does not define the forest. As we have said, this will also serve as a reminder, just like we should be very diligent in fulfilling the requirements of the law as we serve and protect our citizens,” he said.

Durana argued that Kian’s death is not extrajudicial in nature as it does not fall within the purview of Administrative Order 35. The order defines extrajudicial killings as killing legitimate dissent and opposition raised by members of the civil society, cause-oriented groups, political movements, people’s and non-government organizations, and ordinary citizens.

AO 35 was issued by then-President Benigno Aquino III who also created an Interagency Committee to resolve extrajudicial killings.

“It was never the policy of the PNP that we kill the drug suspect, unless they put up a fight and the lives of our operating personnel are in danger. By virtue of self-defense, they have to defend themselves,” Durana said.

“You have to apply reasonable use of force if your life is in danger in the exercise of your functions as a police officer,” he added.

The conviction of Kian’s killers should jumpstart the swift delivery of justice to victims of extrajudicial killings, Commission on Human Rights Chairperson Chito Gaston said in a separate statement.

“We call on the government to step up ... efforts in delivering justice for all victims of EJKs by ensuring that all perpetrators are apprehended and charged.”

Gaston noted the conviction of Kian’s killers was made possible those who helped secure justice for the Delos Santos family, particularly the eye witnesses, church workers, human rights defenders, and investigators and prosecutors who did their duty.

On Tuesday, the PNP said that over 4,900 drug suspects have been killed during anti-drug operations.

The numbers do not mean that killing drug suspects is a state policy, Durana emphasized.

He said that the number of deaths in anti-drug operations have gone down this year.

From a weekly average of 109 deaths during the first six months, the number has gone down to as low as 25 to 29, the PNP official said. He noted that a recalibrated campaign against illegal drugs meant that accomplishments will be measured in neutralizing high value targets only.

If the deaths do not involve high value targets on their list, the police personnel involved will be made to explain the deaths, Durana said.

“This case [of Delos Santos] doesn’t define the way we wage our campaign against illegal drugs. Our policy is to uphold human rights and the rule of the law. This incident does not define these 147,000 plus police operations that were conducted so far,” he added.

Members of the Caloocan City police were also accused of killing two other male teenagers, Carl Arnaiz and Reynaldo delos Santos. Their remains were discovered after Kian’s death.

De Guzman, 14, was found floating in a creek in Gapan, Nueva Ecija. His head was wrapped in packaging tape and his body bore 30 stab wounds

Arnaiz’s body, on the other hand, showed signs of torture.—VDS, GMA News