nustabet gaming CHR: Limiting commission of EJKs to state agents possible

Commission on Human Rights INQUIRER FILE PHOTO

MANILA, Philippines — Limiting the commission of extrajudicial killings (EJKs) to state agents without violating the Constitution’s equal protection law is possible, a Commission of Human Rights (CHR) official said on Wednesday.

During the House committee on justice’s hearing on House Bill (HB) 10986, Surigao del Norte 2nd District Rep. Robert Ace Barbers asked if limiting the commission of EJKs to law enforcers is possible.

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HB 10986 seeks to classify and penalize EJK as a heinous crime, while providing reparations for the victims. The measure is one of the bills filed by the quad committee based on its findings from its hearings in 2024.

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“If this is possible, because if a private group or individual who is not a law enforcer commits such a crime, can it not be considered as extrajudicial killing?” Barbers asked.

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“What I mean is, is it possible, without violating the equal protection clause of our Constitution, to limit the crime of extrajudicial killings to state agents or law enforcers? Is that possible?” he added.

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CHR Human Rights Protection Office Director Atty. Jasmin Navarro-Regino answered in the affirmative.

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“Yes, I think we could limit it to state agents, not necessarily law enforcement, just state agents in general, because we already have enacted laws on that. We have the Anti-Enforced Disappearance Law, wherein the perpetrators are state agents and likewise, we have the Anti-Torture Law, saying the perpetrators are state agents,” Regino explained.

“So we could come up with a law as well, wherein the perpetrators are state agents, limiting it to state agents,” she added.

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According to Assistant Solicitor General Cielo Se-Rondain, the Office of the Solicitor General (OSG) is proposing to “redefine EJK” to properly “differentiate the crime of homicide and murder” and specifically identify who should be held liable for the crime.

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