PAO eyes new video evidence on Kian’s killing

President Duterte’s allies in the Senate yesterday strongly urged Philippine National Police (PNP) Director General Ronald “Bato” dela Rosa to prioritize the removal of rogue cops within the ranks of the PNP in order to restore the public’s trust in the police force.

“Ito ang dapat i-focus ng leadership ng PNP — ayusin at patatagin ang internal disciplinary mechanisms ng PNP para maparusahan ang mga scalawags (This should be the focus of the PNP leadership — to fix and  strengthen the internal disciplinary mechanisms of the PNP so scalawags (within the institution) will be punished),” Senator Sherwin Gatchalian said.

Malacañang said the law must take its course now that criminal charges have been filed against the policemen involved in the killing of 17-year-old Kian Lloyd delos Santos.

Presidential spokesman Ernesto Abella issued the statement after the funeral of Delos Santos was turned into a protest against the government’s bloody crackdown against illegal drugs.

“Kian de los Santos has been laid to rest. A criminal complaint against the Caloocan policemen involved in the incident has already been filed. Investigation is now in the process. Let us allow the law to take its due course,” Abella said.

The three policemen claimed Delos Santos fought it out with them, but a close circuit television (CCTV) showed otherwise and points to the cops’ culpability for murder.

The teenager’s parents have denied the accusation their son is into drugs and have also expressed readiness to undergo drug testing to prove their son’s innocence.

“Itong ginagamit ng pulis na ‘nanlaban’ ay nagiging convenient na para sa kanila para umabuso ng mga inosente, (Police keep saying they resisted and it has become a convenient excuse for them to abuse the innocent),” Gatchalian said.

“Ito ay weakness ng kapulisan natin and hindi gumagana ang mga internal mechanisms para parusahan  ang mga scalawags (This already shows weakness on the part of our policemen and shows that internal mechanisms to punish police scalawags are no longer functioning),” he said.

Sen. Joseph Victor “JV” Ejercito said the issue on Delos Santos’ death “should go beyond politics, (because) the issue is humanity.”

“The best way to give justice to Kian is to make sure this horrific crime does not happen again to any minor,” said Ejercito.

The Senate, Ejercito said, has done its part and it will continue to exercise its oversight powers to resolve the case. ”We have done our part in the Senate. We will continue to exercise our oversight powers,” he said.

“It is important for all of us – not just the Senate, but also the executive department, the courts and the media, to make sure that Kian’s death will not be in vain but will result to meaningful reforms in the PNP,” he added.

“I am hoping that Kian’s death will not be used by certain politicians or groups to advance their own political interests,” Ejercito stressed.

The 17-year-old student was one of the dozens of persons killed during the massive anti-drug operations recently conducted by the police. His death sparked protests over the policemen’s alleged execution of drug suspects, a charge which the authorities have denied.

Murder and torture charges have already been filed against the three cops behind the August 16 shooting of delos Santos in Caloocan City. The police claimed the student was a drug courier who fired at the cops during the raid. The family however insisted that he was brutally killed by the cops while pleading for his life.

New video evidence?

Yesterday, the Public Attorney’s Office (PAO) disclosed that there might be a new piece of evidence against the three policemen involved in Kian’s killing, referring to a video taken by one of the witnesses.

PAO Chief Persida Rueda-Acosta told the Manila Bulletin that the new video is being retrieved by a “computer expert” of the PAO will be examined.

Acosta said she could not yet give further details on the contents of the video because there is still no result from the “computer forensic.”

Asked if the video was taken by one of the witnesses, she said: “Yes.”

Earlier, murder and torture charges were filed against the three policemen involved in the fatal shooting of Delos Santos. They have been identified as PO3 Arnel Oares, PO1 Jeremiah Pereda, and PO1 Jerwin Cruz.

No 3rd autopsy

At the Department of Justice (DOJ), Secretary Vitaliano Aguirre lamented the refusal of Kian’s family to cooperate with the National Bureau of Investigation (NBI), which is conducting a parallel probe into the killing.

Aguirre said a forensic team of the NBI went to the wake of Delos Santos last week to conduct an autopsy but the family refused to cooperate.

“The NBI was not able to conduct its own autopsy because the parents refused to cooperate for reasons we do not know,” he said in an interview yesterday.

Aguirre said the NBI autopsy could have come up with another result that would determine how many bullet wounds the victim sustained; where were the locations of the wounds; and how far was he from the shooter.

The NBI autopsy report could have settled the difference in the results of two earlier autopsies conducted by the PNP and the PAO which also investigated Delos Santos’ death as a result of the illegal drugs operation by the police in Caloocan City last August 16.

Aguirre, however, said the NBI would still pursue its parallel investigation despite the lack of cooperation from the Delos Santos family.

Fair probe – Duterte

President Duterte earlier ordered a fair and impartial investigation on the death of Delos Santos amid public outcry over the incident.

He also promised not to tolerate any illegal act or wrongdoing committed by erring policemen, saying those involved in delos Santos’ death will rot in jail if the incident was proven to be a rubout.

Despite the incident, Malacañang said the campaign to reduce illegal drugs and criminality would continue.

“As the President has declared time and again, it will be pursued relentlessly,” Abella said.

Probe other killings – CLP

Aside from the killing of Delos Santos, the Council of the Laity of the Philippines (CLP), the lay arm of the Catholic Church, wants all recent killings investigated by the government.

The umbrella group of various Catholic lay organizations said this after more than 80 suspected drug users were killed in the anti-illegal drugs operations of the police last week.

“We call on them (government leaders) as well to investigate with care, prudence, and diligence all recent killings as a result of police operations or those committed by vigilante groups,” Zenaida Capistrano, CLP President, said in a CBCP News post.

The CLP said the killings won’t stop without a meaningful probe into the deaths – both from police and vigilante-style killings.

The group is concerned that the lack of due process may give rise to the nation becoming a “police state”.

“While we want to give our police much needed support, abuses are always a reality. We don’t want to give authorities that power to live by the gun in the name of law and order,” said Capistrano.

“When law enforcers make mistakes, innocent lives are endangered. We need to observe all constitutional means to the right to life,” she added.

The CLP said while they agree that the country’s drug problem must be dealt with seriously, it stressed that the rule of law should not be disregarded in fighting criminality.

The group said the recent wave of violence in the country only showed that the matter of extrajudicial killings has “worsened.”

Refresher course

Meanwhile, the Northern Police District (NPD) will be subjected to a two-day refresher course on human rights amid the public backlash against anti-drugs war over Delos Santos’ death.

Chief Superintendent Dennis Siervo, head of the PNP’s Human Rights Affairs Office (PNP-HRAO), said the first scheduled seminar is on September 12 and 13 and the target participants are officers and personnel of the Caloocan City Police Station.

“This is to enhance their knowledge and increase awareness on the application of relevant national and international human rights laws, principles and standards,” said Siervo.

This is not the first time that the some officials of the PNP tried to inject the aspect of the respect on the human rights in the conduct of the anti-drugs war.

Last year, Director Oscar Albayalde coordinated with the Commission on Human Rights (CHR) for a regular reminder for policemen assigned at the National Capital Region Police Office. (With reports from Leslie Ann G. Aquino and Aaron B. Recuenco)

Source:
courtesy of MANILA BULLETIN

by Hannah L. Torregoza, Jel Santos, and Genalyn D. Kabiling

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