The presumption of innocence is a universal human right. The same right is also guarded in the 1987 Philippine Constitution. A proposed piece of legislation, such as House Bill No. 7814, that contravenes this protected right is a cause for serious concern for the Commission on Human Rights (CHR) and should urge our lawmakers to contemplate its legality and consistency with human rights standards.
CHR argues that the basic principle of presumption of innocence until proven guilty is a fundamental protection for the accused against wrongful conviction. Justifying the departure from safeguard and to assert that it serves the community’s interest exposes innocent individuals to wrongful accusations and abuse of authority.
While CHR supports the efforts of the government to eradicate the illegal drug menace in the country, we have been staunch in emphasising that it must be at all times in accordance with the rule of law and human rights standards.
For almost six years of the implementation of the campaign against illegal drugs, the Commission has noted irregularities in police operations that resulted in illegal arrests, wrongful convictions, and worst, deaths of innocent individuals in the pursuit of drug offenders. Equally alarming is the delay in pursuing criminal investigation of these drug-related deaths with worsens the persistent impunity in the country.
Enacting a law that might produce more problems than actually addressing the drug problem must be reconsidered. Instead of reversing the burden to prove the innocence of the accused, the CHR urges the government to ensure that its accountability mechanisms are working for the best interests of the people while looking into the drug problem holistically.
Likewise, the CHR hopes to have an open and transparent working relationship with the government to genuinely address the illegal drug problem in the country and to serve justice to the family of victims of police drug operation-related deaths. ###