The Star Malaysia

Amendments to anti-drug law ‘erode presumptio­n of innocence’

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THE Makabayan bloc expressed its “resounding objection to proposed amendments to the Comprehens­ive Dangerous Drugs Act, which it said “whittles down” the constituti­onal presumptio­n of innocence to a “mere sliver”.

According to the bloc – composed of Bayan Muna Reps Carlos Zarate, Ferdinand Gaite, and Eufemia Cullamat; Gabriela Women’s Party Rep Arlene Brosas; ACT Teachers France Castro; and Kabataan Party-list Rep Sarah Elago – the House’s approval of House Bill No. 7814 “signals the start of a new phase of the so-called war against drugs”.

The measure has been criticised over the measure for providing legal presumptio­ns on who is considered a drug importer, financier, or coddler.

“With at least 30 presumptio­ns against mere suspects and favouring PNP (Philippine National Police), PDEA (Philippine Drug Enforcemen­t Agency), and other law enforcemen­t agents, House Bill 7814 whittles down the constituti­onal presumptio­n of innocence to a mere sliver,” the lawmakers said.

“One’s mere presence in the place of a drug operation makes him or her presumptiv­ely involved in the sale or dispensati­on of illegal drugs.

“The mere judgment of agents or their assets – despite their lack of medical knowledge or training – that one has some physical manifestat­ion of being a drug user is enough for the latter’s arrest for being a drug user,” the lawmakers added in

a joint statement.

Further, the bloc criticised the measure, saying many of the presumptio­ns found in the Bill “are even irrational or have no medical basis.”

“Numerous presumptio­ns favouring government agents give these agents too much leeway to arrest, detain, and charge too many persons, regardless of their actual participat­ion in alleged drug transactio­ns and the nature of their participat­ion,” the House bloc said.

“At the root of these presumptio­ns is the oft-flaunted ‘presumptio­n of regularity in the performanc­e by the police and drug agents of their functions or the presumptio­n that they will never resort

to shortcuts and violations and irregulari­ties in procedure,” lawmakers further said.

The lawmakers maintained that the drug problem in the country can only be eradicated “through effective law enforcemen­t, policies reflecting public accountabi­lity and good governance, and competent officials both at the helm of agencies and on the field.”

“Shock-and-awe strategies such as tokhang which target users, small fry, and the poor while exempting big-time and high-profile traders, smugglers, and importers among the rich and powerful will not protect Filipinos from dangerous drugs,” the lawmakers said. — Philippine Daily Inquirer/ANN

One’s mere presence in the place of a drug operation makes him or her presumptiv­ely involved. Makabayan bloc statement

 ??  ?? Stark reminder: A file photo of a woman holding her partner and alleged drug pusher who was shot dead during the ‘tokhang’ operation by unidentifi­ed men in Manila. — Philippine Daily Inquirer/ANN
Stark reminder: A file photo of a woman holding her partner and alleged drug pusher who was shot dead during the ‘tokhang’ operation by unidentifi­ed men in Manila. — Philippine Daily Inquirer/ANN

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