Cases of “nanlaban” (fought back) in police operations against illegal drugs should be probed deeply by trial courts “and cannot be merely asserted without trial of facts.”
CHR Commissioner Gwen Pimentel Gana said that the commission has conducted its own probe on several “nanlaban” cases and found that “actual truth remains elusive because of certain barriers.”
Gana said that access to police documents on the investigation of killings “remains a recurring obstacle.”
"This restriction makes it difficult to ascertain the veracity of police claims, as well as the extent of efforts extended in investigating deaths said to be not related to law enforcement operations," he said.
On the other hand, he said ”what few police documents that were made privy to the CHR show the police asserting the legitimacy of the operations and absolving participating operatives from any criminal or administrative liability.”
“At times, these operatives are even recommended for awards or recognition despite the occurrence of deaths in their operations,” he said.
But Gana said several witnesses have told the CHR that there were irregularities in the police operations.
“The police were said to have barged in without presenting search or arrest warrants, and they would even kick down house doors while victims were sleeping or resting inside,” he said.
He reiterated the willingness of the CHR to partner with the government in addressing human rights concerns linked to the anti-drugs campaign.
"We continue to urge the government to take the path of seeking truth and better transparency for the cases being questioned, as well as fostering greater cooperation across government institutions with CHR in pursuit of justice and accountability," he stressed.