In October 2016, Justice Secretary Aguirre was a guest on our radio/Facebook show INQ&A. (We got tired and stopped after some 40 episodes.)
Some readers were puzzled by my seeming sympathy for a justice secretary actively weaponizing the rule of law. But I saw in his descent into the depths the story of many other Filipinos who had lost their way. Today’s scandal over the proposed dismissal of charges against confessed drug lords shows the new lows he and his men have plumbed. Published on September 19, 2017.
At some level, I knew writing this installment in my occasional series on unfortunate appointments was inevitable, but I resisted because I’ve interviewed Justice Secretary Vitaliano Aguirre and I thought I glimpsed the essential decency in the man. (Teddy Locsin once wrote about this occupational hazard, of encountering the difference between disagreeable policy and agreeable personality.) Aguirre told me, to my face, that he would not file a case against Sen. Leila de Lima without obtaining the necessary bank documentation, what he called a paper trail. He said he knew from 40 years in litigation that he needed that kind of evidence, and he did not want to lose. That he proceeded to file the case anyway — based on what we can call a finding of improbable cause — proved to me that he was under severe pressure from President Duterte to put De Lima behind bars, even if only temporarily. Continue reading
I had forgotten all about this: In response to this column on Ferdinand Marcos and EJKs, some blowhard with a private Disqus account had some dark thoughts about the columnist: me. (Note: “bulagta” means sprawled, lifeless, on the street.)
In which I offer a definition of “extrajudicial killing,” and traced its practice to Ferdinand Marcos. Published on September 12, 2017.
Benigno Aquino III, the former president, was wrong to say last month that the killings that have characterized the Duterte administration’s campaign against illegal drugs could not be called extrajudicial. His reasoning is pedantic. “If you say there is extrajudicial killing, then it means there is judicial killing. But I remember, we do not have the death penalty, so there is no judicial killing. Therefore, there is no extrajudicial killing. No judicial, no extrajudicial,” he said in Filipino.
He was not ignoring the bloodbath that is drowning the country; he was merely trying to be precise about terms. But I’m afraid his understanding of judicial killing is too narrow. The “judicial” in extrajudicial does not refer to capital punishment alone, but to the legal exercise of the violence that, in modern societies, is supposed to reside with the state alone.
The troops fighting the Maute Group in Marawi, the police units involved in the raid on Mamasapano, the National Bureau of Investigation agents pursuing kidnap-for-ransom gangs — they and others like them had or have the legal sanction to kill, if necessary. (The more accurate term then is “extralegal.”) Continue reading