AT THE HEIGHT of Duterte’s War on Drugs, the criminal justice system was viewed as weak, inefficient, and corrupt. This brought to conclude that police could not be trusted and that other law enforcement agencies were gleaned as protectors of drug syndicates.
In my research and studies, victims complained that the prosecution and the courts as “too slow”. Trial proceedings often took several years. They say, only the rich, powerful, and well-connected have access to justice. Wealthy individuals could easily secure bail even in serious offenses, while poor people languished behind bars for the most minor and petty offenses.
The correctional system was equally a failure. Jails and prisons were extremely overcrowded. Inmates had to rely on their own resources to survive. A mayores system emerged to compensate for the lack of custodial staff. Inmate gangs became essential in mediating conflicts and managing the day-to-day needs of the facilities. In the process, inmates gained access to amenities such as cell phones.
In partnership with corrupt guards, drug use and the drug trade proliferated inside some of the largest jails and prisons. As a result, inmates became more hardened, learning criminogenic trades while behind bars. Upon release, they struggled to reintegrate as responsible citizens.
THE RIGHT THING, ACCORDING TO DUTERTE
It was this state of affairs that President Duterte railed against to justify his draconian policy on the war against drugs and criminality. Duterte should have first reformed the police force to make them more professional and capable of performing their duties effectively. Instead, majority turned into his (seemingly) personal allies.
Guided by Duterte’s singular belief that he was doing the right thing for the country, he unleashed the same police force to target drug addicts. As reflected in the victims’ relatives’ testimonials, the same force to his instructions as “complete authority” to trample on the human rights of “suspects”, bypass due process, and even provoke suspects to fight back. “Kapag lumaban, patay!”
How were the police “rewarded”?
FOR FANATICS, IT’S ACCEPTABLE
Duterte supporters and fanatics endorsed this same mind though. They became “legally” cynical, believing it was acceptable to kill drug addicts since the traditional justice system was unlikely to hold offenders accountable “fast”.
They dismissed the rule of law as a mere technicality exploited by the rich and powerful. They reduced human rights to a ploy designed to protect offenders. They mocked court procedures like due process and equal protection as mere tactics to delay punishments.
And while Duterte and his supporters fully understood the weaknesses and inequities of the justice system, they did nothing to improve it. Worse, the same system to wage a bloody drug war was acceptable to them.
Consequently, this magnified how the corrupt system preyed on the Filipino people. Only impoverished drug addicts or users were “eliminated”.
Hardly were there drug lords that perished in this selective drug war. Others suspected that under the Duterte regime the drug lords remained untouched.
A SYSTEM THAT NOW WORKS
Ironically, now that Duterte is detained at The Hague on charges of Crimes Against Humanity before the International Criminal Court (ICC), his supporters claim that the Philippine criminal justice system is functioning effectively and that he should be tried here.
Duterte supporters also now assert that the police system works and that if evidence of his crimes exists, victims of the drug war should file their cases with local authorities.
Duterte’s supporters now claim that the local court system is effective and that local judges — not foreigners who supposedly know nothing about the Philippine justice system — should decide his guilt.
Have they conveniently forgotten that Duterte and his allies intimidated actors in the criminal justice system by publicly including their names in the “Matrix,” or list of supposed drug coddlers?
PANACEA TO THESE AILS
There is still much to be done to improve the criminal justice system. Police must be professionalized. Disposition of cases must be expedited. Jail and prison overcrowding must be addressed. Alternatives to detention and incarceration must be introduced.
Best practices in risk assessments and rehabilitation must also be adopted.
More importantly, Duterte must be held accountable for the brutal drug war and the crimes against humanity that he unleashed upon the Filipino people.
For the Philippines to recover from the mayhem Duterte inflicted on its criminal justice system, that process must begin with holding him accountable at the ICC.
