Treaties weigh on death penalty
With two years remaining in the mandate of the 18th Congress and the term of the President, I believe there is still time for the consideration of the bill after the pandemic has been placed under control or has died down
While it will not affect the decision to re-introduce death penalty, the Commission of Human Rights (CHR) on Wednesday rejected the call for the resurrection of capital punishment as it will result in a “serious breach” of various international treaties.
CHR Commissioner Karen Gomez-Dumpit,
during the hearing of the House of Committee on Justice, cited the International Covenant on Civil and Political Rights (ICCPR), and the Second Optional Protocol to ICCPR to the list of international agreements that the country will violate if death penalty will be reinstated.
It would be “hypocritical” of the Philippine government to impose the death penalty while it seeks to save the lives of OFW on death row abroad.
According to Dumpit, the treaties are “legally irrevocable” and that the country has a “constitutional obligation” to comply with them.
“Upon the ICCPR’s ratification in 1986 and together with the 1987 Constitution abolishing the death penalty, we are already barred from re-introducing this particular measure because of the progressive obligation that we have to the ICCPR,” she said.
Dumpit added that the country has no “compelling reason” to reinstate capital punishment.
Aside from the international violation, the CHR commissioner also noted that the country cannot afford the possible repercussions the re-imposition may cause.
This includes the undermining of Foreign Affairs sector when negotiating cases of overseas Filipino Workers (OFW) in death row, decrease in the country’s confidence as a member of the international community, and the withdrawal of benefits the country is enjoying under the trade agreement it signed with the European Union.
She also reasoned that it would be “hypocritical” of the Philippine government to impose the death penalty while it seeks to save the lives of OFW on death row abroad.
A total of 12 bills pushing for the reinstating of death penalty for certain heinous crimes have been filed in the House of Representatives.
The House opened the debates, days after President Rodrigo Duterte urged Congress to revive the death penalty via lethal injection for drug-related crimes.
Several lawmakers, however, expressed distaste in the timing of the hearing including Muntinlupa City Rep. Ruffy Biazon who requested to exclude House Bill 741 — the bill he authored — from the session.
In his letter of deferment, Biazon said he maintains his pro-stance on death penalty but the House should consider tackling the bills after the COVID pandemic.
“With two years remaining in the mandate of the 18th Congress and the term of the President, I believe there is still time for the consideration of the bill after the pandemic has been placed under control or has died down.”
Senate President Vicente Sotto III earlier said that the re-introduction will face a tough battle in the Senate but will have better chances if it will be limited to drug lords.