3 DECEMBER 2009

CHR TO PDEA: PROTECTING HUMAN RIGHTS ENCHANCES, NOT IMPEDES, LAW ENFORCEMENT

On November 23, 2009, news outfits reported that Philippine Drug Enforcement Agency (PDEA) Director General Dionisio Santiago called on the Commission on Human Rights (CHR) and Philippine National Police (PNP) to withdraw protection orders for a 24-hour security detail to Mr. Gerald Capitanea, brother of a former police officer who was slain in an alleged shootout with anti-narcotics agents in Makati City three months ago.

Gerald’s brother, former Police Senior Inspector Nathaniel Capitanea, was killed in a shootout with PDEA operatives who were serving a search warrant against Hong Chun Chan, a suspected member of a Chinese triad, on Aug. 22 in a posh condominium unit in Makati City .

The death of Nathaniel Capitanea is the subject of a CHR investigation. In October 2009, Gerald Capitanea filed a complaint with the CHR-National Capital Region Investigation Office, alleging that his brother was executed belying PDEA claims that there was a shootout. Subsequently, he alleged that PDEA operatives have repeatedly threatened him since the death of his brother.

On October 13, 2009 , the CHR issued an Order directing PDEA and the PNP, among others, to submit documents pertinent to the investigation.

In a letter sent today, December 3, to General Santiago, the CHR Chairperson, Atty. Leila M. De Lima clarified, “ [T]he CHR has not issued a directive to the PNP to provide a police escort for Mr. Capitanea. We merely requested for such a police escort in a letter dated 4 November 2009 , and as of the moment, the request has yet to be fully acted upon, pending the finalization of logistical details. Be that as it may, the CHR is well within its Constitutional mandate to seek assistance from the PNP to secure Mr. Capitanea.”

Under Section 18, Article XIII of the 1987 Constitution, the CHR has the power to “[p]rovide appropriate legal measures for the protection of human rights…and provide for preventive measures…” in addition to the prerogative to “[r]equest the assistance of any department, bureau, office or agency in the performance of its functions.”

Addressing General Santiago’s concerns regarding security for Gerald Capitanea, De Lima said, “Based on our own initial investigation, there is strong reason to believe that he has indeed been receiving threats from State security forces... Further, there is also reason to believe that such threats are related to the involvement of PDEA agents in the death of his brother, PSInsp. Nathaniel Capitanea, [and] … there is sufficient basis for the interim measures of protection in favor of Mr. Capitanea, including provisions for police escorts, until such time that the current investigation and subsequent proceedings are resolved with finality.”

News outfits quoted General Santiago as saying, “This poses an unhealthy precedent whereby wanted drug personalities can obtain police protection by simply filing a complaint for alleged violation of human rights and invoking that they are under threat from drug law enforcement authorities.”

To this, De Lima responded, “… be advised that these allegations, assuming without conceding to be true, are not sufficient cause to withdraw of protection measures in light of the on-going investigation. Whether or not Mr. Capitanea is a criminal, he is presumed innocent until proven otherwise in a court of law. Moreover, he is essential to the investigation on the death of Nathaniel. ”

“The CHR investigation, and subsequent proceedings, if necessary,” De Lima continued in her letter, “must be unimpeded because the end result will only either clear the PDEA operatives from any criminal or administrative liability, or ensure that rogue elements in PDEA are punished. Either way, the investigation is geared towards enhancing PDEA by enforcing compliance with human rights standards. Thus, both [PDEA] and [the CHR] have an invaluable interest in protecting Mr. Capitanea.”

On the same matter, De Lima further commented, “Law enforcement agencies should be used to this. Every allegation of human rights violation committed by law enforcers must be looked into, and where it is supported by evidence, law enforcers must now prove that they had adhered to their own procedures, which are designed precisely to protect the rights of suspects in the pursuit of justice. These rights are so basic – the right to life, the right against torture, the right against threats of bodily harm. Is there any right here that prevents law enforcers from arresting, prosecuting and convicting those who are truly guilty of crimes? If anything, adherence to the protection of these rights ensures that law enforcers remain professional and faithful to their duties.”

Referring to her letter to the PDEA Director General, De Lima said, “Should [Gerald Capitanea continue to] be carrying out ‘nefarious’ activities, nothing prevents a warrantless arrest. Moreover, in relation to pending criminal charges filed in the courts, he is still subject to lawfully obtained arrest warrants. Protection measures are precautionary and only meant to prevent underhanded tactics, such as threats to his life, which, we trust, your good office does not employ nor authorize. ”

The CHR had declined to grant General Santiago’s request to withdraw their request to the PNP for police escorts in favor of Gerald Capitanea. The investigation on the alleged execution of Nathaniel Capitanea remains pending with the CHR.

“The CHR is minded to conduct a public inquiry to dig deeper into the killing of Nathaniel Capitanea, as there are strong indications of summary execution, and not a shootout as initially reported. We are simply waiting for the final investigation report from our NCR Office,” De Lima said.