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NBI, PNP join forces to probe, prosecute law enforcers' violations in drug war operations
NBI, PNP join forces to probe, prosecute law enforcers' violations in drug war operations
The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) have joined forces to probe and prosecute alleged human rights violations, particularly deaths of suspects, in the conduct of the government’s illegal drugs operations.
The collaboration was contained in a memorandum of agreement (MOA) that was signed by the NBI and the PNP last Wednesday, Nov. 3.
The MOA was signed by NBI Officer-in-Charge Director Eric B. Distor and PNP Chief General Guillermo Lorenzo T. Eleazar in the presence of Department of Justice (DOJ) Secretary Menardo I. Guevarra. DOJ Undersecretary Adrian Ferdinand S. Sugay was also a witness in the MOA signing.
Under case buildup by the NBI are the 52 cases of illegal drugs operations that resulted in the deaths of 56 persons.
Last Nov. 2, the Commission on Human Rights (CHR) said that only 11 of 466 suspects, who allegedly resisted arrests and “fought back,” survived during the illegal drugs operations conducted by the police from 2016 to 2020 in the National Capital Region, Region III, and Region IV-A.
Specifically, the MOA “will provide the legal framework to both the NBI and the PNP for the speedy and thorough resolution of these and future cases, and affirms the Philippine Government's commitment to conquer impunity and prevent excesses in law enforcement operations,” the DOJ said in a statement.
The DOJ also said the MOA is “in accordance with the provisions of law and relevant rules and regulations governing the operations of the PNP and the NBI, and are undertaken in the spirit of upholding the rule of law and of holding erring law enforcement officers and personnel accountable for their actions in the field as they implement the Philippine Government's program of protecting the public and ensuring the safety of streets and communities from the scourge of illegal drugs.”
Under the MOA, the NBI and PNP will “endeavor to work closely together to address criminality in the country and ensure strict and proper implementation of the law.”
It also provides that “the PNP and the NBI shall jointly evaluate the government's anti-illegal drug operations, and, where necessary, determine possible criminal liability on the part of the police officers involved in these operations.”
“As state agencies, both Parties seek to ascertain the truth regarding the allegations of human rights violations and possible criminal liability in the conduct of the government's anti-illegal drug operations,” it added.
Also under the MOA, the NBI and PNP committed to “guarantee the integrity and the immediate availability to the other party of any and all necessary information, including documents, records, and any and all relevant evidence. The Parties shall collect, provide, and/or transmit documents, records, and any and all relevant evidence in such manner as may be deemed convenient and appropriate to ensure confidentiality.”
“The Parties shall prepare a full and detailed report of all relevant findings and recommendations for submission to, and consideration of, the respective agency heads, and, where necessary, file the appropriate criminal complaints against those found to have committed violations of applicable laws in the conduct of anti-illegal drug operations,” it stated.
Both the NBI and the PNP will “designate representatives from their respective agencies for ease of coordination.”
The PNP will designate a representative each from the Internal Affairs Service’s Prosecution Division and the Directorate for Investigation and Detective Management.
The NBI, on the other hand, will assign a representative each from its Office of the Assistant Director for Regional Operations Service, Office of the Assistant Director for Investigation Service, Office of the Assistant Director for Intelligence Service, and the Office of the Assistant Director for Forensic Service.
“The representatives are expected to consult regularly through their points of contact to implement this Agreement and to resolve disputes, as necessary,” the MOA mandates.
“To realize the objectives set forth in this Agreement, the representatives of the parties shall meet at least once a month to discuss issues of mutual concern,” it said.
In the implementation of their objectives under the MOA, both the PNP and the NBI are mandated to uphold Republic Act No.10173, also known as the Data Privacy Act of 2012.
“The Parties shall ensure the privacy and security of any and all confidential, privileged, personal, and/or sensitive information that the Parties, their officers, employees, or agents may have access to, and shall store, use, dispose, and/or otherwise process the said confidential, privileged, personal and/or sensitive information, as may be applicable,” the MOA provides.
The MOA also provides that the agreement “may be amended at any time by mutual consent” and shall be made for “the purpose of further improving and enhancing cooperation.”
Either the NBI and PNP can also terminate the agreement 30 days prior notice but “all must parties must ensure that the personal data and information disclosed will be kept confidential.”