A/HRC/44/22 18. The terms “negation” and “neutralization” of “drug personalities” appear throughout Circular No. 16-2016. Such ill-defined and ominous language, coupled with repeated verbal encouragement by highest-level State officials to use lethal force,18 may have emboldened the police to treat the circular as permission to kill. International human rights law prohibits arbitrary deprivation of life. 19 When conducting law enforcement operations and using force, State officials must abide by key principles, which include exercising restraint, using proportionate force strictly where necessary, and only deploying lethal force as a last resort in extreme cases.20 19. The Government denies that there is a policy to kill people who use drugs and states that all deaths occur during legitimate police operations.21 According to the Philippine Drug Enforcement Agency, between 1 July 2016 and 31 January 2020 the police killed 5,601 people. 22 OHCHR could not independently verify this number. Various government agencies have put out conflicting figures23 and have proved reluctant to disclose documents relating to the killings to the Supreme Court and the Commission on Human Rights.24 20. There are also reports of widespread drug-related killings perpetrated by unidentified “vigilantes”. The Administration’s 2017 year-end report mentions 16,355 “homicide cases under investigation” as accomplishments in the fight against illegal drugs.25 This prompted the Supreme Court to raise the possibility that the killings were State-sponsored.26 Noting that drugs operations by the police and homicides perpetrated by unidentified persons resulted in 20,322 deaths from 1 July 2016 to 27 November 2017, the Supreme Court demanded an explanation for the staggering average of nearly 40 deaths per day. 27 In March 2019, the police claimed that although 29,000 deaths were labelled as “deaths under inquiry” between 1 July 2016 and 4 February 2019, only 3,062 (9.47 per cent) were drug-related.28 A previous study, however, had found that the police severely underreported the percentage of drug-related killings among homicides.29 21. Between 1 June 2016 and 21 April 2020, the country’s Commission on Human Rights documented the killing of 73 children in the context of the campaign against illegal drugs – 62 male and 11 female30 – although these figures are not exhaustive. The youngest victim was 5 months old. 22. OHCHR ultimately cannot verify the number of extrajudicial killings without further investigation. On the basis of information reviewed, the killings related to the anti-illegal drugs campaign appear to have a widespread and systematic character. The most conservative figure, based on government data, suggests that since July 2016, 8,663 people have been killed – with other estimates of up to triple that number. This clearly illustrates the need for a transparent and comprehensive reporting system for data on killings by State and non-State actors. 23. Police reports disclosed before the Supreme Court offer insight into the conduct of 22 anti-drug operations in which 29 persons were killed – all in their homes.31 Except for one case, the police conducted the operations without warrants. Pre-operational plans drawn up by police called for “immediate apprehension” and “neutralization” of targeted persons. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 See https://www.philstar.com/headlines/2016/07/02/1598740/duterte-pnp-kill-1000-ill-protect-you. See Human Rights Committee, general comment No. 36 (2018) on the right to life, paras. 4 and 11. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, art. 5 (a) and (b). Petitioners v. Dela Rosa et al., notice of resolution, pp. 6 and 9. Philippine Drug Enforcement Agency, #RealNumbersPH, 31 January 2020. See https://dahas.upd.edu.ph/database/. See www.rappler.com/nation/181519-duterte-order-pnp-chr-refuse-share-case-folders and http://bbc.com/news/world-asia-49203752. See also Petitioners v. Dela Rosa et al., notice of resolution, p. 45. Duterte Administration year-end report: 2017, p. 22. Petitioners v. Dela Rosa et al., notice of resolution, p. 48. Ibid. See www.philstar.com/nation/2019/03/06/1898959/29000-deaths-probed-drug-war-launched. See https://data.world/stabile-center/ph-drug-war. Submission of the Commission on Human Rights, 5 May 2020. Petitioners v. Dela Rosa et al., supplemental memorandum, p. 3. 5