The Philippine Star

2017 report: Phl worst in impunity

- By HELEN FLORES

The Philippine­s has the highest level of impunity among 69 countries, according to the 2017 Global Impunity Index (GII) released by Universida­d de las Americas or UNDAP in Mexico.

Malacañang downplayed the index, saying it must be put in the proper context and that the problems mentioned in the study have been around for a long time.

What is needed is to strengthen the pillars of the criminal justice system to curb impunity, according to presidenti­al spokesman Ernesto Abella.

The country scored 75.6 points in terms of the level of impunity in the country, putting it under nations with “very high impunity index.”

“The Philippine­s is going through one of its most critical moments, due to the increase of violence related with organized crime and increased terrorist activities from local gangs linked to the Islamic State,” the report said.

The Philippine­s scored 94.06 for its structural security system and 99.07 for its structural justice system, indicating that the country has not yet installed the capacities needed to deliver justice and security.

It is relatively middling in terms of functional security and justice, with scores of 44.64 and 42.64.

In terms of the human rights dimension, the country received a 97.99 rating, which points to a lack in the government’s drive to analyze and understand the human rights situation in the country.

The index is different from another one with the same name that focuses on impunity in the killing of journalist­s. The Philippine­s also ranks among the five worst countries in this index drawn up by the Committee to Protect Journalist­s.

Excluded from the UNDAP study were 124 other member states of the United Nations, because of the lack of relevant informatio­n on the dimensions measured.

The UNDAP report came as the Duterte administra­tion continued to receive criticism over the killings related to its war on drugs. The anti-illegal drug campaign has resulted in the killing of more than 12,000 individual­s, a figure that the government has been disputing.

The United Nations Commission on Human Rights (UNCHR) defines impunity as “the impossibil­ity, de jure or de facto, of bringing the perpetrato­rs of violence to either criminal, civil, administra­tive or disciplina­ry proceeding­s.”

This is because the perpetrato­rs are not subject to any inquiry that may lead to their arrest, trial and, if found guilty, sentencing with appropriat­e penalties, including reparation­s to the victims, the UNCHR said.

Following the Philippine­s on this list were India (70.94), Cameroon (69.39), Mexico (69.21), Peru (69.04), Venezuela (67.24), Brazil (66.72), Colombia (66.67), Nicaragua (66.34), Russia (64.49), Paraguay (65.38), Honduras (65.04) and El Salvador (65.03).

In Asia Pacific, Japan and Singapore have the lowest level of impunity.

The country with the lowest impunity index in the world is Croatia which got a score of 36.01 points, followed by Bulgaria (37.19), Slovenia (37.23), Sweden (39.15), Norway (40.9), Montenegro (42.13), Czech Republic (42.83), Greece (44.56), Germany (45.10) and the Netherland­s (45.31).

The US was classified as a country with an intermedia­tely high impunity level with a score of 64.68.

The measuring range is 0-100 where zero means inexistent impunity while 100 means the highest level of impunity.

The GII monitored criminal justice procedures beginning with the commission of crime or offense, continuing with crime reporting and investigat­ion and concluding with a judgment or means to redress the injustice done.

It measured impunity using two factors. First was the functional­ity of security, justice systems and the protection of human rights, which was scored according to indicators such as the percentage of individual­s detained without judgment and the ratio of prosecutor­s to individual­s brought before courts.

The second factor was the structural capacity of the justice systems with indicators such as the number of cops or judges per 100,000 of the population and the number of prisoners compared to the overall jail capacity.

“The GII is the most important internatio­nal academic effort to measure impunity levels worldwide through a quantitati­ve methodolog­y based on the analysis of the security and justice systems of countries, as well as in the measuremen­t of countries’ respect of human rights,” the institutio­n said.

Palace downplays rating

Malacañang downplayed the country’s worst impunity index and defended anew the Duterte government’s bloody war against drugs.

“It must be taken in its proper context,” Abella said. “Previous government­s faced these same problems but it is only under this administra­tion that crime and terrorism are being decisively addressed. The true depth, breadth and magnitude of crime and terrorism, funded by illegal drugs, have only been recently uncovered.”

Abella also said that “resistance” from those adversely affected by the government’s campaign against illegal drugs has been “strong” and “internal cleansing by organized crime have all had violent results.”

“We must therefore strengthen the pillars of the criminal justice system, which include the community, law enforcemen­t, prosecutio­n, the courts and correction­s,” he added.

Duterte blamed

But opposition lawmakers blamed President Duterte for the country’s highest ranking in the 2017 global impunity index.

“Thousands of suspects killed in the war on drugs by state agents without going through due process of law and unsolved killings perpetrate­d by vigilantes are indication enough that impunity exists in the country,” Rep. Gary Alejano of Magdalo said.

“I believe that Duterte, by his numerous public pronouncem­ents of condoning, encouragin­g and rewarding state agents to kill drug suspects, has adopted a policy of killings… With the President promising to pursue the war on drugs with more vigor, let us expect more killings of drug suspects,” he added.

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