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Chapter 1
court or legal authority. Though extrajudicial killing are known to be prominent features
other situations in which a proper judicial system is not present or cannot function,
extrajudicial are common place. In many cases extrajudicial occur due to lack of proper
government structure or a weak judiciary. Extrajudicial killing which is usually carried out
directly by the government or with their silent approval. These killings are usually
and are usually committed by departments of the governments, the army of police task
forces. Considering that such practices occur outside and in the absence of the judicial
system, those living in conflict areas are extremely susceptible to such punishments.
Extrajudicial killing being carried out by both governments and rebels against civilians,
humanitarian actors and journalists. (Dhirubhai Ambani 2016 International Model United
Nations)
Every human being does have the right of physical and psychological integrity –
this is a central concept of human rights. We speak of a human right violation if either of
the same integrities is harmed without legal grounds by state actors or agents of the
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state, or by non-state actors who are practically granted impunity due to the state’s
neglect of its general obligation to protect its citizens or populations under its jurisdiction
against offenses against their physical and psychological integrity, their property, or
other fundamental freedoms. Both vertical and horizontal forms of political violence such
The persistence of the problem often is explained with reference to distorted checks and
balances.
This study aims to identify the extent of extra judicial killing that is happening in
the community. This will help to initiate possible action plan to disseminate information
Specifically the researchers sought to find out the answer of the following
questions:
City?
Hypothesis
Theoretical Framework
The term ‘extrajudicial killing’ in its original meaning refers to homicides that are
committed outside the legal system with no prior judgement of a court. In this sense, the
term comprises a large amount of violent acts with different motives, victims and
motivated acts. According to this definition, the state has to be involved in or at least
tacitly accept the commission of the killings. This type of definition is also used by the
Philippine government. When defining extrajudicial killings in that way, they are almost
synonymous to the term “political killings” except for the fact that political killings can be
committed with or without state involvement whereas the term extrajudicial killing
implies some degree of state involvement at all times (Melo et al. 2007).
Politically motivated extrajudicial killings usually have in common that they are
intended and well-organized murders that give the victim no chance to defend itself and
that the perpetrator remains unidentified. This is achieved by either wearing face
covering masks or by committing the acts swiftly with an immediate escape after the
murder is committed, possibly during night time or in a lonely surrounding. There can
even be the attempt of the perpetrators to make the killing look like a suicidal act. In the
Philippines, a large amount of killings have been conducted at the victims’ home, at
work or in between, where the perpetrator was masked and made a fast escape on a
that they are usually followed by impunity. Between 2001 and 2010, there have been a
total of 305 incidents of extrajudicial killings with 390 victims in the Philippines. During
this period of time, only 1% of all extrajudicial killings resulted in a conviction (Al
Parreno 2010).
Conceptual Framework
By nature and purpose of this study, the results or findings of the study will bear
PNP Officials. It is hoped that PNP officials and other personnel’s will be able to
assess the unsolved killings that is happening in the city that can lead to maintaining the
Barangay Officials. This study may serve as an aide to give them knowledge in
dealing on such cases and be more cooperative to the PNP in the programs
Community as a whole. To the community members, this study will serve them to
understand the true meaning of extra-judicial killing and to contribute in the peace and
in present situation of criminality in our country. It is also provided for them to become
Future Researchers. The result of the study shall serve as a ready reference for
This study will focus on the extent of extra-judicial killing in General Santos City
The variables covered in this study include the assessment of the extent of
Definition of Terms
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The following terms were used in this study and are being defined as follows:
governmental authorities without the sanction of any judicial proceeding or any legal
process. Extrajudicial Punishments are unlawful by nature, because they break the
process of legal jurisdiction in which they occur. Most of the times Extra Judicial Killing
targets the leading politicians, religious figures, trade unions leaders and sometimes
socially popular figures. Extra Judicial killings are carried out by the state government or
Crime - is the breach of rules or laws for which the Philippine government can
ultimately prescribe a conviction. While every crime violates the law, not every violation
of the law counts as a crime; for example: breaches of contract and of other civil law
families are vital in the role of promoting safety and are included to the degree that they
Chapter 2
Foreign Literature
According to Michael Parenti, extrajudicial killing basically started from the very
beginning of civilization. When the lust for power arose the killing began in the form of
assassination. People like Julies César fell victim of extrajudicial killing. During the civil
war there is a term used as ‘lynching’. Lynching is an extrajudicial execution carried out
by a mob a, often by hanging, but also by burning at the stake or shooting, in order to
population of people of people, however large or small .Today lynching is defined in the
united states by some code of law “any act of violence inflicted by a mob upon the body
Alston (2010), tackled that killings by law enforcement officials and other security
forces can take many forms. Very common form is intentional murders where police
countries where the security forces may be directly controlled by politicians, security
members or supporters, and election related killings in many other countries, police kill
In recent times, in many countries, unlawful killings are committing during armed
conflicts. Countries including Afghanistan, the Central African Republic, Colombia, the
Democratic Republic of the Congo, Israel, Lebanon, the Philippines and Sri Lanka are
facing such unlawful executions. Means of such unlawful execution of war include air
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strikes; cluster bombs; raids; perfidy; suicide attacks; human shielding; issues arising in
others claim they are legitimate acts of war (Kretzmer,2004) and counter-terrorism
In an article, Karim & Cobain, (2010) stated that Bangladeshi special security
force Rapid Action Battalion (RAB) has long been known for extrajudicial killing. In a
leaked WikiLeaks cable it was found that RAB was trained by the UK government. 16
RAB officials (sacked afterwards) including Lt Col (sacked) Tareque Sayeed, Major
(sacked) Arif Hossain, and Lt Commander (sacked) Masud Rana were given death
penalty for abduction, murder, concealing the bodies, conspiracy and destroying
evidences in the Narayanganj Seven Murdercase. Beside this lots of alleged criminals
were killed by Bangladesh police by the name of Crossfire. In 2018, many alleged drug
In Bangladesh, the law says minimum force should be applied to arrests and
every person has the right to seek a trial. I the cases of “crossfire" and “encounters",
however, we find that these legal provisions are being totally ignored.
Article 31 of the constitution of Bangladesh states, “To enjoy the protection of law,
and to be treated in accordance with law, is the inalienable right of every citizen,
wherever he may be and of every other person for the time being within Bangladesh,
and in particular no action detrimental to the life, liberty, body, reputation or property
person of any person shall be taken except in accordance with the law".
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What is implicit in Articles 31 and 32 is the right to access to justice, and it cannot
be said that this right has been dealt with in accordance with the law unless a person
grievance. Even a fugitive is entitled to a legal defense when the death penalty is
involved.
A law providing for the deprivation of life or personal liberty must be objectively
reasonable, and the court will inquire whether for an ordinary prudent person such a law
is reasonable, having regard to the compelling, and not merely legitimate, governmental
interest. It must be shown that the security of the state or of society necessitates the
When the recent incidents of crossfire are studied, a common pattern that can be
found is that victims were arrested and killed in what is termed as"crossfire," an
criminals in deserted places, mostly in the early hours. This trend has become a cliché?
Still, according to the police regulations of Bengal (PRB), firearms should not be
used other than in emergencies. The uses of firearms are applicable in three situations:
for self-protection and possessing of property, for foiling an illegal gathering and, in
some cases, for making an arrest . The PRB mandates a full executive probe regarding
any use of firearms. Investigators are required to send the report to the government and
Now people, who supported crossfire at the beginning, now are furious about
current occurrence. RAB are now been reported to force people to give them money or
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they have been shot at spot. Now the faith of people on our law is now going down
towards the bottom and it will continue going down if no measure taken soon.
Local Literature
July 2007 is an eventful month for human rights in the Philippines under the
Arroyo government. First, after a great deal of debate and delay, an anti-terrorism law or
officially known as Human Security Act (Republic Act 9372) has finally been passed.
Critics of the new law say that it is subject to the abuse of the government and therefore
would lead to more human rights violations. The government, on the other hand,
believes that the new law would strengthen the institutions like the courts and police in
protecting the human rights of the citizens against terror. Second, just a day after the
passage of the Human Security Act into law, a two-day National Consultative Summit on
Extrajudicial Killings and Enforced Disappearances: Searching for Solutions was held
under the initiative of the Supreme Court and was participated in by stakeholders and
Southeast Asian Nations (ASEAN) on human rights to look into the creation of a
regional human rights commission was also held in Manila. With these events, human
rights and security have again taken center stage among the concerns and
considerations for our path and vision of the common future of the country, region, and
even of the world. Fourth, the State of the Nation Address (SONA) of the president
merely mentioned sparingly the state of human rights especially extrajudicial killings.
She just urged the Congress to enact laws, but was short of commanding the military
and police to stop the killings and other human rights violations.
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It would be noted that 48 member-states of the United Nations (UN) including the
Philippines ratified the Universal Declaration of Human Rights (UDHR) in 1948. In his
the common standard of achievement” (p. 3). Being a declaration, it is not legally
binding but it sets a common reference to human rights among the signatories and, in
fact, has gained, over time, international acceptance and status as standards against
duties and commitments on them to comply and enforce in their respective territorial
state. Donnely (2003), the author of In Defense of the Universal Declaration Model,
points out that the states have become the “new exclusive instrument for implementing
internationally recognized human rights” (p. 40). In other words, the practice of human
rights heavily relies on the political, economic, and cultural dynamics of a certain state.
This monism follows the generally accepted principle that the enforcement of human
Although in principle the declaration is not legally binding, the Philippine state
through the doctrine of incorporation has adopted the declaration as part of the law of
the land (Ty, 1989). The Philippine Constitution of 1987 expressly states this
national policy, adopts the generally accepted principles of international law as part of
the law of the land and adheres to the policy of peace, equality, justice, freedom,
incorporation into the national laws more compelling and valid. However, being a
signatory does not necessarily guarantee and translate into full compliance and
enforcement. Thus, can being a signatory to the declaration make a difference in the
Human Rights, Neumayer (2005) finds out that “the beneficial effect of ratification of
human rights treaties is typically conditional on the extent of democracy and the
ratification might not have any effect or might even lead to further human rights
This paper looks at the case of the Philippine government under the Arroyo
human rights particularly with regard to the spate of extrajudicial killings by revisiting the
What make the EJK policy under Duterte different from the past are its targets
While criminals have long been the subject of salvaging by the police (as former
Manila police chief Alfredo “Dirty Harry” Lim would cryptically say, “Dalhiin na sa Tondo
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‘yan”), the rate by which drug users and pushers are killed today, either in police
EJK is often justified by making it appear that the victim deserved it. Local area
commands would come up with an “Order of Battle,” a list lumping together names of
activists, suspected NPA rebels and their sympathizers. Many of those on the list
Military officials would later blame the communists themselves for the killings, saying it
tularan.” Like the activists during Arroyo’s time, suspected drug users and dealers are
subject to public vilification through “Oplan Tokhang.” They are forced into surrendering
and admitting guilt on the basis of a nebulous list drawn up by the police and barangay
officials. In fact, many of those who surrendered have succumbed to vigilante killings.
Police say the killings are part of the drug syndicates’ effort to cleanse its ranks.
Alleged criminals killed in police operations are another disturbing matter. The
rise of the incidents of drug suspects reportedly killed while trying to resist arrest are too
What makes today’s EJKs particularly complicated is that the victims are
addicts and pushers have no redeeming quality. These are not idealists being killed for
Druggies, for most people, are the scum of the earth that should be wiped out from
existence.
Notice that when activists or rebels are summarily executed, their families and
the communities that they have served immediately demand justice. Human rights
groups, whose orientation has traditionally been, and for good reason, to protect the
rights of political dissenters immediately investigate and act to prevent more killings.
On the other hand, when drug dealers are killed, their families hang their heads
in shame and the community silently rejoices at the loss of another troublemaker.
The challenges
If we are to stop the killings, the first challenge is for the public to denounce it.
Like in so many issues, public opposition, or better yet outrage, is needed for the
becomes difficult to denounce their killing. The initial indifference when activists started
getting killed during the Arroyo regime is similar to today’s ambivalence in the face of
the killings of suspected drug addicts and pushers. Oftentimes it is only when the
obviously innocent are killed – like children and nursing mothers – that the public is
Denouncing the killings should not mean condoning the alleged illegal activities
of its victims. What it should translate to is a demand for the police and military to follow
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the law and respect due process and human rights, so that criminals can be properly
The second challenge is for the families and friends of the victims of EJKs to
stand up and demand for justice. It is understandable that many of them would rather
sweep the killings under the rug, considering the stigma of being linked to suspected
drug criminals. However, it would be difficult for government agencies like the
human rights organizations and civil society organizations, to be taking up the cudgels
The third challenge is for human rights groups to expand their advocacy to
include those whose rights are violated on the basis of purely criminal, non-political
important as ever, urgent attention is needed for atrocities committed in the course of
Duterte’s war on drugs and other anti-crime campaigns. Such a challenge will not be
easy, considering that most human rights groups are already so stretched in terms of
resources and manpower in dealing with political and counter-insurgency related human
rights violations.
Because the use of EJKs is an unwritten state policy in the Philippines, the only
way to prevent it is for the people themselves to demand a stop to the practice. (Teddy
Casiño, 2016)
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Chapter 3
METHODOLOGY
This chapter discusses the research design, locale of the study, respondents and
Research Design
The researchers will use the descriptive method of research which is a definite
to the study. It also included proper scrutiny and interpretation of all insights that will be
collected.
This research will be conducted in General Santos City particularly the city’s
Police precinct. Accordingly the research will be disseminate in Two (2) police precinct
including Police Station 3, Police Station 4, and chosen residents from Barangay Lagao
Research Instrument
respondents. Particularly, the simple random sampling using the Slovin’s formula. There
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will be a total of 50 respondents; in which will be chosen randomly in the mention police
Asking permission to conduct the study. The researcher will write a letter to
the Police Senior Inspector asking permission to conduct a survey regarding the study.
Analysis and interpretation of data. The researcher will gather and analyze the
The researcher will use the frequency distribution (percentage distribution) and
the computation of the weighted average mean (WM). These statistical tools will be
used to come up with the summary of the results of the survey. Thus, these results will
be tabulated and interpreted according to the problems of the study being identified.
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References
Karim, Fariha; Cobain, Ian (21 December 2010). "WikiLeaks cables: Bangladeshi
and Humanitarian Law In Truth and Freedom: Understanding and Teaching Human
Rights
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Appendix A
QUESTIONNAIRE
NAME: _____________________________________________________
Surname Given name Middle name
GENERAL DIRECTIONS: Check the box that will correspond to your answer using the
scale below:
1 – Occur Frequently
2 – Occur Infrequently
Indicators 1 2 3
Direction: Kindly check the box that will correspond to your answer as to your rating
below.
RESPOND
Indicators 1 2 3 4 5
1. I don’t feel safe when I am in public due the
killings that is happening in my community.
2. I don’t have any trust toward the police force.
3. I believe that the war in drugs is absolutely
needed to end drug related crimes.
4. I believe that life is precious and not be
taken by a human being.
5. President Rodrigo Duterte stands is right in
protecting the community towards drug
addicts.
6. I am compromise with my own safety
because of the negligence of the PNP.
7. I am afraid that I can be the next suspect of
crime that I didn’t commit.
8. Extra judicial killing must be blame to the
governments’ incompetency.