METHODOLOGY

The statistical and methodological framework to be used for the paper is based on the United Nations Human Rights Office of the High Commissioner’s Statistical Classification Framework18; however, the data variables to be studied, as well as the classification of the violations, were altered to fit the context of the Philippines.

The UNHR OHC Framework was chosen as the methodological framework for the study because it is the tool developed and used by the UNHR OHC for monitoring human rights violations around the world. Thus, this can serve to facilitate the communication of the Philippine context to the UNHR and the rest of the world. Likewise, this framework sets itself as the springboard for the deeper analysis of the common narratives and patterns of violations using the Interpretative Phenomenological Analysis approach. The coding scheme of the adapted UNHR OHC Framework was used along with the IPA to highlight the said commonalities among the cases. The IPA was chosen given that the data gathering method used was one-on-one interviews with the families of the victims or the victims themselves of the human rights violations.

RIGHT THE WRONG, WRITE THE WRONG: IDEALS has documented around 537 cases of human rights violations since 2016 through numerous legal missions and documentations in Luzon and Visayas.

For the data variables, the following fields were considered:

WHO DID

PERPETRATOR TYPE

State actor: Philippine National Police, Philippine Drug Enforcement Agency, other identified State actor Identified private actor19 Vigilantes20 Other actors not acting with the State’s permission, support, or acquiescence Insufficient information

HOW WERE THEY IDENTIFIED

WHAT

VIOLATION TYPE21

RELATED VIOLATION22

VICTIM CODE23

[based on IDEALS Statistical Classification Framework]

TO WHOM

VICTIM TYPE24

None User Pusher Possession Runner, courier, messenger Police asset Surrenderee Drug list/watch list Visited/employed in drug den

WHEN

SEX

AGE GROUP

CLASS / INCOME GROUP

CIVIL STATUS

MINOR CHILDREN25

DATE OF VIOLATION

TIME OF VIOLATION

Referred to by agent/ asset Affiliated with person linked to illegal drugs Previously arrested Others No information

Man Woman

65 and over 55-64 45-54 35-44 25-34 15-24 Below 15

Minimum wage and below Above minimum wage

Single Married Common Law Widow/er Separated Annulled Others

Yes - If yes, how many and how old? No

DD - Month - YYYY

Hour - Mins - AM/PM

WHERE

WHY

RELATIVE LOCATION26

BARANGAY/TOWN/CITY

REASONS FOR ENGAGEMENT27

ENGAGEMENT TYPE28

None User Pusher Possession Runner, courier, messenger Police asset Surrenderee Drug list/watch list Visited/employed in drug den Referred to by agent/ asset Affiliated with person linked to illegal drugs

None Buy-Bust Verification (Sona) With Search Warrant With Arrest Warrant Warrantless Arrest Search Incidental to Valid Arrest Checkpoint Patrol Stop and Frisk Tokhang (Knock and Plead) Custodial Investigation Invitation Others No information

REASONS FOR ATTACK29

Victim resisted arrest Victim was armed Victim reached for State agent’s weapon State agent was shot Victim was in possession of drugs Victim was committing another crime

As to the classification of violations, the following framework has been devised:

KILLING

Unlawful or arbitrary killing or arbitrary deprivation of life committed by State agents or non-State actors, who are acting under actual or apparent authority, or color of law, or upon the instruction of, or under the direction or control of, or by policy, order or behest of, the State in carrying out the conduct, or with the complicity, tolerance, connivance, acknowledgment, adoption, ratification or acquiescence of the State, or carried out without judicial process, or without the benefit of full due process guarantees. It shall include killings perpetrated by non-State actors for the purpose of carrying out on their own or in the context of vigilantism a campaign or policy of the State. It shall also include the failure of relevant State bodies or agencies to conduct effective investigation into a killing or arbitrary deprivation of life to determine the accountable persons and/or bring about justice to the victims. It shall refer to all acts or omissions by the State that result in the failure to preserve, respect and protect the non-derogable right to life under the Universal Declaration of Human Rights, the United Nations Covenant on Civil and Political Rights, and similar other human rights treaties to which the Philippines is a State party, the 1987 Constitution, as well as under the Minnesota Protocol.30

0101 Intentional homicide31

Unlawful death inflicted upon a person with the intent to cause death or serious injury.

Inclusions: Murder; serious assault leading to death; killings caused by excessive use of force by law enforcement; extrajudicial killings and summary or arbitrary execution (0101-A); vigilante killings (0101-B). Exclusions: Death due to legal interventions; homicide attended by justifying circumstances32; attempted intentional homicide (0102); non-intentional homicide (0103); non-negligent or involuntary manslaughter (01031); assisting or instigating suicide (0104); euthanasia (0105).

0102 Attempted intentional homicide

Attempt to inflict unlawful death upon a person with the intent to cause death or serious injury.

Inclusions: Attempted murder; attempted extrajudicial killing and summary or arbitrary execution (0102-A); attempted vigilante killing (0102-B). Exclusions: All inclusions in 0101.

ENFORCED DISAPPEARANCE

Arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such person outside the protection of the law.33

02022 Deprivation of liberty

Unlawful detainment of a person or persons against their will.

Inclusions: Enforced disappearance.

TORTURE

An act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.34

11011 Torture

Torture of a person.

Inclusions: Torture; other forms of cruel, inhuman, or degrading treatment (11011A)35 . Exclusions: Acts causing harm or intending to cause harm to the person not amounting to torture (02).