Philippines may face sanctions for death penalty – CHR

MANILA, Philippines — An official of the Commission on Human Rights (CHR) has warned the government of possible sanctions from the international community if it pushes through with the move to restore capital punishment in the country.

Reinstating the death penalty would be a breach of international law since the Philippines is a signatory to an international treaty that commits to the abolition of capital punishment, CHR commissioner Karen Gomez-Dumpit told “The Chiefs” on One News / TV 5 on Wednesday.

Dumpit said there is no opt-out provision in the Second Optional Protocol to the
 International Covenant on Civil and Political Rights, which the country ratified in 2007.

The treaty recognizes the abolition of the death penalty that contributes to the enhancement of human dignity and progressive development of human rights. Its signatories agree that no person would be executed within its jurisdiction.

“Of course we can always challenge that, but the impact of that is something that we have to brace for because trust and confidence as a state party that would enter into agreements would be at stake,” Dumpit said.

“It’s all about the commitment. It’s all about confidence whether you as a state party will be able to comply and not renege on those commitments,” she added.

Dumpit said that the Philippines could suffer consequences, such as the removal from the list of countries that benefit from lower tariffs in the European Union.

Even narrowing down the scope of the death penalty to certain drug offenses would still violate the international agreement and the basic human right to life, she added.

She maintained that reinstating the death penalty would not be a deterrent to criminality, reiterating studies that show the ineffectiveness of capital punishment to curb crimes.

“The severity of punishment will never be a deterrent. It’s actually solid police work, intelligence work and proper implementation of the laws,” said Dumpit.

“It’s a false promise to say that death penalty would bring about a deterrence in criminality, especially in heinous crimes. That’s simply a false promise,” she added.

In the same program, Surigao del Norte Rep. Robert Ace Barbers, an author of a measure reinstating the death penalty and chair of the House committee on dangerous drugs, admitted that there would be consequences and “pretty stiff implications if we do not follow what we have signed in for.”

But he maintained that the current situation should be given more weight, citing the continued proliferation of illegal drugs in the country despite the government’s deadly campaign against drugs in the last four years.

He said the law of the land should prevail over international treaties such as the one where the country committed not to reinstate the death penalty.

“What should prevail here, if it runs in conflict with any treaty, is our Constitution,” said Barbers.

“If the Constitution allows the imposition of capital punishment as manifested by the wisdom of legislature, then I don’t see any problem with that,” he added.

President Duterte reiterated his call for the passage of the measure reinstating the death penalty during his fifth State of the Nation Address.

But unlike last year when he specifically mentioned plunder as among the crimes that he wants to be punished by death, the President only pushed for lethal injection for those violating the Comprehensive Dangerous Drugs Act.

Sen. Francis Pangilinan questioned Sen. Ronald dela Rosa on the latter’s privilege speech calling for the revival of the death penalty during a pandemic.

Pangilinan fired several questions at Dela Rosa for initiating the revival of the death penalty while the country is facing many problems brought about by the pandemic, the worse problem to hit the Philippines.

“Can Senator Dela Rosa explain how the reimposition of death could help address the problem on the pandemic, like unemployment?” Pangilinan asked during the question hour late Wednesday afternoon.

Dela Rosa agreed that the country is currently facing the worst health and economic crisis since World War II, but said the drug problem is also a global pandemic.

In a privilege speech during the Senate’s session on Wednesday afternoon, Dela Rosa appealed to his fellow senators “at the very least, to deliberate on the issue of the death penalty in the country.”

Dela Rosa said when he was still director of the Bureau of Corrections, a Chinese drug lord told him that they chose the Philippines as the host country for their drug activities due to the absence of the death penalty.

He said the drug lords claimed they could still continue their illegal activities even if they are locked up in prison.

Pangilinan has repeatedly said that an all-government response is needed to address the unprecedented problem of COVID-19.

Sen. Nancy Binay questioned the timing of the President’s call on lawmakers to pass a bill to reimpose the death penalty while the people are struggling to live amidst the pandemic.

Binay said she would only support the death penalty if the justice system has been improved.

“Unless the justice system will be improved, the poor will be at a disadvantage. They can’t afford the best lawyers,” Binay pointed out.

Human rights advocate group Karapatan yesterday slammed Duterte’s call for Congress to pass a bill that would reimpose the death penalty for drug-related crimes.

In press statement, Karapatan secretary general Cristina Palabay said reimposing the death penalty for drug-related offenses “would only further institutionalize the already ongoing state-sanctioned carnage of the poor.”

Palabay pointed out that international studies and research have showed that imposition of capital punishment does not deter crimes.

“His rabid allies in Congress as well as his bloodthirsty minions in the police are already parroting his call to revive death penalty to supposedly deter crimes by using the same iron-fist law-and-order rhetoric, when local and international studies and research show the inefficacy of capital punishment in deterring crimes,” Palabay said. – Cecille Suerte Felipe, Elizabeth Marcelo