EJK, DUI, homicide: does name matter?

There has been a running dispute over the use of “extrajudicial killing” (EJK) since the piling up of bodies killed in the illegal drugs campaign started by President Duterte last June 30.

The government frowns on the use of “EJK.” Police chief Ronald de la Rosa chided media and other sectors for the “misnomer.” Its homicide or murder, depending upon intent, he said.

At the hearings in the House and Senate last year on drug-related killings, two views were expressed why EJK should not be used:

[] No such thing as EJK, said Cebu’s Rep. Gwen Garcia. There’s no more judicial killing, so the term EJK is wrong. Call it death under investigation, she said.

[] Sen. Allan Peter Cayetano said PNoy’s Administrative Order #35 (s. 2012) limits the term “extra-legal killing” (ELK, which the AO uses, not EJK) to (1) members of political, environmental, agrarian, labor or similar groups and advocates of their causes, (2) media personnel, or (3) those mistaken as such.

Arguments

On Gwen’s argument: EJK doesn’t depend on JK, which the Constitution allows and the law may provide for, abolish or revive. EJK’s synonyms (often used interchangeably) are “extra-legal,” “arbitrary” and “summary.” If it’s illegal, such as killing the drug suspect even though he made no unlawful aggression, it may be called EJK.

Cayetano’s argument, repeated by Augusto Marquez, chief of police directorate for investigation & detection management, to support Bato’s point, falls flat when the AO’s intent is examined.

It was only for “operationalization and implementation” of the AO. It limited meaning to confine task force authority and scope. But an ELK is still an ELK, whatever the crime.

Not terminology

Terms can confuse. They can be used to distract from what the public uproar is all about: killings without legal process or legal justification.

Summary, arbitrary, illegal, or extrajudicial, whatever the name.

State-sponsored or state-tolerated, by death squad or vigilantes, whoever the executioners.

The problem is not terminology. It’s impunity that allows the lawlessness.