Appointment of a Drug War Enforcer: ICC Lawyer Takes Aim at Notorious Police Chief

By Louis ‘Barok‘ C. Biraogo

The recent appointment of Police Colonel Lito Patay as Davao City’s police chief has ignited a firestorm of concern among those who remember the brutal days of the Duterte administration’s war on drugs. Kristina Conti, Assistant to Counsel at the International Criminal Court (ICC), has raised the alarm, highlighting Patay’s notorious record and the potential implications for ongoing ICC investigations into the deadly campaign.

A Grim Return to Davao

Colonel Patay’s appointment is a stark reminder of a dark chapter in Philippine history. Known as a key figure in the so-called “Davao Boys,” Patay played a significant role in implementing Duterte’s anti-drug operations, which left thousands dead. The Reuters report revealing that Patay’s station recorded the highest number of killings during Duterte’s first year in office underscores the severity of his actions. The implications of his return to Davao City cannot be overstated; it signals a potential perpetuation of the brutal tactics that defined the drug war.

Conti’s Resolute Stance

Kristina Conti’s vocal opposition to Patay’s appointment and her unwavering advocacy for justice highlight the enduring impact of the drug war on its victims and their families. Her assertion that individuals like Patay should face accountability is not merely a legal stance but a moral imperative. The ICC’s pursuit of arrest warrants against former President Duterte and his top enforcers, including Patay and Senator Ronald “Bato” Dela Rosa, marks a critical juncture in the quest for justice.

Legal and Historical Context

The actions of Duterte’s administration, particularly the extrajudicial killings carried out during the drug war, are clear violations of both national and international law. The Philippine Constitution guarantees the right to life and due process, rights flagrantly violated during the anti-drug operations. Moreover, the Revised Penal Code criminalizes murder and related acts, providing a legal basis for prosecuting those responsible for the killings.

Supreme Court Precedents

The Philippine Supreme Court has previously affirmed the necessity of due process and the protection of human rights. In landmark cases like People v. Echegaray, the Court underscored the inviolability of the right to life and the importance of adhering to lawful procedures. These principles stand in stark contrast to the extrajudicial methods employed during the drug war, further justifying the need for rigorous legal scrutiny and prosecution.

The Moral and Ethical Imperative

Beyond legal provisions, there is a profound moral and ethical dimension to this issue. The sanctity of human life is a fundamental value that transcends cultural and national boundaries. The indiscriminate killings that characterized the drug war are an affront to human dignity and justice. History offers numerous examples of regimes that faced accountability for their crimes against humanity, from the Nuremberg Trials to the prosecution of leaders involved in the Rwandan Genocide. These precedents affirm that those who commit atrocities must face justice, irrespective of their positions of power.

The Brief Tenure of Patay

In a dramatic turn of events, Patay’s tenure as Davao City police chief lasted a mere 4 hours and 38 minutes. This abrupt termination, dictated by a call from Camp Crame, raises questions about the internal dynamics within the Philippine National Police (PNP) and the possible pressures exerted by external entities, including international bodies like the ICC.

Recommendations and the Call for Justice

To ensure accountability and restore public trust, several steps must be taken:

Vigilant Prosecution: The ICC and local judicial bodies must persist in their efforts to prosecute those responsible for the drug war atrocities. Arrest warrants should be pursued with diligence, and cooperation with international law enforcement must be strengthened to ensure these warrants are served.
Witness Protection: To facilitate the gathering of crucial testimony, a robust witness protection program must be established. This will encourage insiders to come forward and provide vital information on the operations and directives of the drug war.
Institutional Reforms: The PNP must undergo significant reforms to prevent the recurrence of such abuses. This includes implementing stringent oversight mechanisms and ensuring that leadership appointments are based on integrity and adherence to human rights standards.
Restorative Justice: Beyond legal prosecution, there should be efforts towards restorative justice for the victims and their families. This includes reparations, public apologies, and initiatives to memorialize the victims of the drug war.

Conclusion

The appointment and swift removal of Colonel Lito Patay as Davao City’s police chief serve as a stark reminder of the enduring struggle for justice in the Philippines. The ICC’s pursuit of accountability, bolstered by the courageous efforts of advocates like Kristina Conti, offers a glimmer of hope for the victims of the drug war. However, achieving justice requires unwavering commitment from both national and international actors. The ghosts of the past must be confronted head-on, and those responsible for the atrocities must face the full weight of the law. In this quest for justice, the world watches, and history will judge the actions taken today.