17 September 2019 – We, the undersigned organizations, lawyers, and members of the
legal profession, express deep concern over the increasing attacks against lawyers in
the Philippines and the oppressive working environment they face since the start of
President Duterte’s administration. We call on the Duterte Government to adequately
protect the safety and independence of lawyers and end the culture of impunity in
which these attacks occur.
Extrajudicial killings and harassment of lawyers.
Since President Duterte took office on June 30, 2016, the number and intensity of attacks
against lawyers have increased significantly. At least 41 lawyers and prosecutors were killed
between July 2016 and 5 September 2019, including 24 practicing lawyers. Lawyers are also
harassed and intimidated. They are subjected to (death) threats, surveillance, labelling, and
other forms of attacks. In addition, at least five judges and retired judges have been
murdered since July 2016, bringing the total number of jurists extrajudicially killed in the
Philippines to at least 46 in the same period. Eight jurists survived attacks on their life.
Lawyers at risk
Most killings and attacks of lawyers took place as a result of discharging professional duties
or are believed to be otherwise work-related. Especially at risk are lawyers representing
people accused of terrorist or drug related crimes, or government critics, such as journalists,
political opposition leaders, and human rights defenders. Lawyers providing legal
representation in high-profile cases impacting established interests, such as land reform, or
lawyers taking part in public discussion about human rights issues, also face reprisals.
Grave implications of threats and labelling
United Nations High Commissioner for Human Rights, Michelle Bachelet, recently noted that
senior officials of the Government of the Philippines have threatened lawyers and others
who have spoken out against the administration’s policies, and she added that this “creates
a very real risk of violence against them, and undermines rule of law, as well as the right to
freedom expression”.
Prior to being attacked, some lawyers were labelled as “communist” or “terrorist” by state
agents. The practice of labelling (i.e. classifying persons as “enemies of the state” or
otherwise) combined with the culture of impunity was identified by national and international
fact-finding missions as one of the main root causes of extrajudicial killings in the Philippines
in the past and continues unabated.
Sharp deterioration of human rights
The attacks against lawyers, prosecutors and members of the judiciary and the extrajudicial
killings of other human rights defenders in the Philippines during the past three years have
occurred within the context of the so-called war on drugs and are being carried out across
the country in an apparent climate of institutional impunity.
Concerned with the sharp deterioration of the human rights situation, eleven UN human
rights experts, in a 7 June 2019 press release, called on the UN Human Rights Council to
establish an independent investigation into human rights violations committed in the
Philippines. “Instead of [the Government] sending a strong message that these killings and
harassment are unacceptable, there is a rising rhetoric against independent voices in the
country and ongoing intimidation and attacks against voices who are critical of the
government, including independent media, human rights defenders, lawyers and journalists,”
the experts said.
Culture of Impunity
The UN experts also noted that “the Government has shown no indication that they will step
up to fulfil their obligation to conduct prompt and full investigations into these cases, and to
hold perpetrators accountable in order to do justice for victims and to prevent reoccurrence
of violations.”
Consequences
The attacks against and extra-judicial killings of lawyers and the impunity shielding
perpetrators impair the ability of lawyers to provide effective legal representation, make
lawyers increasingly wary of working on sensitive cases, and consequently severely
undermine the proper functioning of the rule of law and the adequate protection of rights,
including the right to remedies and fair trial.
International obligations
According to the United Nations Basic Principles on the Role of Lawyers (Basic Principles),
States should ensure that all persons within their jurisdiction have effective and equal access
to lawyers of their own choosing, and that lawyers are able to perform their professional
functions without intimidation, hindrance, harassment or improper interference. The Basic
Principles require that lawyers are adequately protected when their security is threatened
because of carrying out their legitimate professional duties, and not be identified with their
clients or their clients’ causes. The Basic Principles affirm that lawyers, like other citizens,
are entitled to freedom of expression and assembly. The duty to respect and guarantee
these freedoms forms an integral part of the Philippines’ international legal obligations under
the International Covenant on Civil and Political Rights.
Recommendations.
In view of the above, the undersigned organizations and individuals urge the Government of
the Philippines to:
1. Investigate promptly, effectively, thoroughly and independently all extrajudicial killings
and attacks against lawyers, and other jurists, with the aim of identifying those
responsible and bringing them to justice in proceedings that respect international fair
trial standards;
- Take all reasonable measures to guarantee the safety and physical integrity of
lawyers, including the provision of adequate protection measures, in consultation with
the persons concerned; - Consistently condemn all forms of threats and attacks against lawyers publicly, at all
political levels and in strong terms; and, - Fully comply with and create awareness about the core values underlying the legal
profession, amongst others by bringing the UN Basic Principles on the Role of
Lawyers to the attention of relevant stakeholders, especially members of the
executive, police, and the military