The Commission on Human Rights (CHR) welcomes the verdict of the Caloocan City Regional Trial Court (RTC) Branch 122 convicting police officer Jeffrey Perez of torture, planting of evidence and firearm, as well as moral damages in the killings of teenagers Carl Arnaiz and Reynaldo “Kulot” de Guzman during former President Rodrigo Duterte’s campaign against illegal drugs.
In the 36-page decision released by the Public Attorney’s Office on 23 November 2022, Perez was found “guilty beyond reasonable doubt for all the crimes charged against him.” The court cited forensic evidence which revealed that Carl and Kulot sustained swelling, contusions, and abrasions on different parts of their bodies indicative of physical torture, thereby Perez violating Sections 4 and 14 of Republic Act (RA) No. 9745 or the Anti-Torture Act of 2009 and Section 5(a) of RA 8369 or the Family Courts Act of 1997.
Presiding Judge Rodrigo Pascua Jr. also ordered Perez to pay P2 million to each of the victim’s families for moral and exemplary damages caused.
CHR acknowledges the court’s decision and thanks all those who worked to ascertain justice for the victims and their families. It can be recalled that, in 2017, the Commission investigated Karl and Kulot’s deaths upon receiving the complaint filed by Carl’s mother, Eva Magat Arnaiz. CHR then released a resolution noting that a human rights violation, by means of arbitrary deprivation of lives, was indeed perpetrated by the police.
Ultimately, it is the duty of the State to ensure the peoples’ rights and its authority adheres to the rule of law. Intrinsic to that, however, is the need to demonstrate openness, transparency, as well as cooperation with domestic and international accountability mechanisms to ensure that all human rights violations are addressed duly.
The indiscriminate employment of force and violence cannot be tolerated unless necessity is truly justified. Lawlessness must be dealt with according to the law. This case reveals that there was indeed no legitimate police operation conducted, but a summary execution of the innocent.
The Commission hopes that more cases similar to Carl and Kulot will reach the courts. We hope that more eye witnesses will step forth and feel encouraged to help progress the thousands of drug-related killings still pending investigations and trials. In this regard, CHR calls on the government for a systematic pursuit against impunity by holding accountable all liable officials for possible human rights violations, including the protection of witnesses against harassment and all forms of intimidation.
As the country’s independent national human rights institution, CHR remains eager to cooperate and advise the government in its approach to drug control in line with human rights Covenants and the Constitution. As the people’s Commission, we continue to be vigilant and monitor actions that threaten inherent rights of the people to peace and security. ###