Impunity and discretionary justice

Rodrigo Duterte, Ronald Dela Rosa, Manny Pacquiao, and Koko Pimentel
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The phrase “heinous crimes,” for which death is their preferred penalty, falls often from the mouths of the advocates of state-sponsored murder, whether capital punishment, or the use of extrajudicial killings against suspected drug users and pushers as well as lawyer, student, farmer and worker activists and regime critics. Include in this lot certain senators and congressmen, the police and military, some judges, and, of course, the current president of this endangered republic.

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Getting away with plunder

Jinggoy Estrada, Bong Revilla, and Juan Ponce Enrile
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The acquittal last week of former Senator Ramon “Bong” Revilla, Jr., and his alleged accomplices’ being found guilty and sentenced to the mandatory penalty for plunder of reclusion perpetua (20 to 30 years’ imprisonment) has understandably raised doubts over the justice of the decision. Two of the five associate justices of the Sandiganbayan’s First Division that tried the case are even questioning the majority opinion.

Among the questions that have been raised is why, if Revilla is indeed innocent, he is being ordered to return at least part of the PhP124.5 million in pork barrel funds pocketed by his alleged accomplices, and if his former chief of staff who has been convicted of the offense could have done it on his own and without Revilla’s approval and even instigation.
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The dimensions of impunity

Joseph Estrada, Rodrigo Duterte, Gloria Arroyo and Imelda Marcos
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Those Filipinos aware of the record-breaking looting of the public treasury by the Marcos kleptocracy are hailing the Sandiganbayan’s conviction of Imelda Marcos on seven counts of graft. They had already lost hope that any of the billions diverted to Swiss bank accounts, real estate, and jewelry and art collections in Bern, Paris and other world capitals will ever be recovered, or that any form of legal retribution against the thieves is forthcoming, but have been heartened by the graft court’s decision 27 years after charges were filed against the Marcos family matriarch.  

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Promoting impunity

Rodrigo Duterte for death penalty
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THE campaign by President Rodrigo Duterte and his allies in Congress for the restoration of the death penalty is replete with irony. Capital punishment is supposed to discourage criminality while at the same time insuring that those who commit certain crimes get what they deserve. But what’s likely is that rather than deter crime and assure crime victims of justice, it will further strengthen the impunity, or exemption from punishment, of the powerful, privileged, and well-connected.

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Dismantling the culture of impunity

Impunity
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In 2015 the Philippines was number four in the Committee to Protect Journalists’(CPJ) Impunity Index, after Somalia, Iraq and Syria. The Index lists those countries where the killers of journalists are seldom, if ever, punished, with many literally getting away with murder. The first three countries are failed states, which raises the question of why the Philippines should be in their company, but the numbers speak for themselves. Only in 11cases out of 152 journalists’ murders since 1986 have the killers of journalists and media workers been prosecuted, and very rarely have masterminds been tried.

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