Duterte admits instructing police to 'encourage' criminals to fight

Former President Rodrigo Duterte on Monday admitted before a Senate subcommittee that he has instructed police officials to "encourage" criminals to fight so they would have a reason to kill them.

"Ang sinabi ko ganito, parangkahan tayo (what I told them, let's be frank), encourage the criminals to fight. Encourage them to draw their guns,” Duterte told the Senate blue ribbon subcommittee investigating his administration's war on drugs, blamed for the deaths of thousands of suspects.

"Pagka lumaban, patayin ninyo para matapos na ang problema ko sa siyudad ko. Nung na-presidente ako, ganun rin sa command conference," he added.

(When they fight, kill them so that my problem in my city will be over. I also gave the same instruction during command conference when I became president.)

'Death squad commanders'

Among the police officials whom Duterte said he gave the instructions to were former national police chiefs Archie Gamboa, Vicente Danao and Senator Ronald "Bato" dela Rosa, all of whom have served in Davao City, Duterte's bailiwick.

Duterte described the said police officials as "commanders of death squad" -- although he denied using the police to implement kill orders.

"Because they were police directors handling, controlling crimes in the city," Duterte explained. "Pag sinabi mong death squad, it's a very loose term na ginagamit mo lang."

(When you say death squad, it's a very loose term that you just used.)

Hontiveros

Senate Deputy Minority Leader Risa Hontiveros sought to clarify with Duterte if he indeed ordered the police to encourage suspects to fight back so the police could kill them, to which the former leader replied, “Correct, yes.”

Hontiveros disagreed, saying she finds such thing “very incorrect.”

Duterte then said he knows better than Hontiveros, who he said has no experience leading a community.

“That's your view. It's not my view. Pagka-mayor, pagka-prosecutor, ako alam ko, dumaan prosecutor, mayor, presidente, alam ko ang trabaho ko. Hindi ka nagdala ng siyudad. You never have a chance to solve the problem of the community,” Duterte said of Hontiveros.

(I have been a prosecutor, mayor, president, I know my job. You have not led a city.) 

Hontiveros just replied, “Thank you, Mr. President. Thank you for putting it on record.”

During the same hearing, Duterte reiterated his previous statements that never ordered the police to kill.

“It was not a state-sponsored killing. There was never an official order to the police, military, agents of the government, to kill,” he said.

Neutralization: To kill or otherwise

Human rights lawyer Chel Diokno said "neutralization" meant killing as provided under the Command Memorandum Circular 6, the governing document of the anti-drug campaign issued on July 1, 2016, by then Philippine National Police chief dela Rosa on the nationwide war on drugs.

Diokno, who has questioned the legality of the war on drugs Duterte before the Supreme Court, said the term neutralization is not needed if the police did not intend to kill.

“Neutralize po at negate. Kaya nga po ako nagtaka, dahil alam naman po natin na ang tungkulin ng police ay manghuli, mangkalap ng ebidensya at magsampa ng kaso. 'Yun yung hinahanap namin sa command circular, mang-aresto kayo, kumuha kayo ng ebidensya, mag-file kayo ng case," Diokno said.

"Nung nakita namin na paulit ulit ang negate at neutralize, sabi namin bakit ito ay nilagay doon kung ang purpose ay mang-aresto, bakit hindi  na lang ginamit ang salitang aresto?” he added.

In response, Dela Rosa cited page 188 of the Police Operational Procedure Manual to dispute Diokno.

"It says, neutralization, a police intervention in strict accord with the use of force continuum and or principle of proportionality on the use of force purposely to contain or stop the unlawful aggression of the offender. This may include an arrest, capture, surrender, or other acts to subdue the suspect. Walang nakalagay dito na kill sa definition ng PNP Operational Manual," dela Rosa said.

“Mahirap magbigay ng meaning, somebody from outside the PNP ang mag-interpret sa isang police term. It should be people from within the organization be given the chance to interpret this term accordingly, Mr. Chairman,” dela Rosa added.

Diokno, in response, cited a dela Rosa’s 2016 statement later published in GMA News Online wherein dela Rosa defined neutralization as killing.

“I think the comments that were made missed the point entirely. Kasi ang tanong talaga dito ay bakit pa nilagay iyon sa isang command circular. Ma-i-point out ko rin po, Senator Dela Rosa in 2016 also used the term neutralize to refer to a bounty being raised to have him killed by supposed general who were allied with those people involved in drugs,” Diokno said.

“[This is written by] Amita Legaspi, published Sept. 28, 2016, here in GMA News Online,” Diokno added.

Senate Minority Leader Koko Pimentel pointed out that the Police Operational Manual that was cited by dela Rosa was only issued in 2021, or almost five years since the Duterte administration launched its war on drugs as provided by the July 1, 2016 circular.

“This [police manual defining neutralization] is [dated]  2021. Am I correct or not?” Pimentel asked.

To which dela Rosa replied, “This is 2021. Dahil nga sa palaging minimisinterpret ng publiko ‘yung term na neutralization, the PNP came up with the correct meaning.”

(Because the public is misinterpreting the neutralization.)

Pimentel then sought confirmation with dela Rosa if the 2016 memorandum circular did not define neutralization.

Dela Rosa replied, “wala pa, Mr. Chair.”

(None yet at that time.)

Duterte and other top officials of his administration are already being investigated by the International Criminal Court in connection with the alleged commission of crimes against humanity during the implementation of his anti-drug campaign.

These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths reached as much as 30,000, including vigilante killings.

Karma?

Dela Rosa, for his part, denied that Duterte ordered the shooting and salvaging of “defenseless” criminals.

“Never ever in my whole life, Mr. President. I can tell you, Mr. Chairman,” the senator said.

Duterte said he did not ask law enforcers to kill defenseless criminals as it may later result in "karma".

“'Di ba sinabi ko sa iyo, ‘wag niyong gawin ‘yan kasi karma. Babalikan tayo nang babalikan kaya tayo umiiwas eh,” the former President said.

(Didn't I tell you, do not to do that because of karma. That will come back to us that’s why we’re avoiding it.)

Dela Rosa, however, admitted to previously killing criminals like carnappers, holdapers, and kidnappers in Davao under Duterte’s orders.

“I would like to make it clear na meron akong napatay sa Davao in a legitimate encounter because you instructed me to operate against these people kaya napatay namin ‘yung tao na ‘yun, mga kalaban na ‘yun,” he said.

(I would like to make it clear that I killed people in Davao in a legitimate encounter because you instructed me to operate against these people and so we killed those people, those enemies.) —KBK/RF, GMA Integrated News