Advertisement

Advertisement

Examining the Determinants of Extra-Judicial Killings in the Philippines at the Subnational Level: the Role of Penal Populism and Vertical Accountability

  • Published: 28 September 2018
  • Volume 20 , pages 67–101, ( 2019 )

Cite this article

research paper of extra judicial killing

  • Rollin F. Tusalem 1  

2046 Accesses

8 Citations

6 Altmetric

Explore all metrics

Since the election of Philippine President Rodrigo Duterte in 2016, extra-judicial killings (EJKs, hereafter) have become commonplace as a result of his administration’s declaration of war on drugs. Empirical cross-national work on examining determinants behind state repression remains scant especially in understanding the phenomenon at the sub-national level. This study investigates what accounts for variations on EJKs at the level of Philippine provinces. Using monthly panel-data for 62 provinces and employing various count-model regressions, the findings indicate that Philippine provinces which have large populations, stronger state capacity, and are more affluent in terms of the human development index are more likely to exhibit higher rates of EJKs. Furthermore, the vote share of the President in the 2016 elections and presidential visits to specific provinces are correlated with higher incidences of EJKs—corroborating theories on delegative democracies and penal populism. Lastly, it is found that drug-prone provinces are more likely to experience a higher share of human rights violations in terms of EJKs, compared to provinces that have lower affectation rates. The implications suggest that the Philippine war on drugs seem to promote vertical accountability as international criticism and domestic opposition mounts.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price includes VAT (Russian Federation)

Instant access to the full article PDF.

Rent this article via DeepDyve

Institutional subscriptions

research paper of extra judicial killing

Similar content being viewed by others

research paper of extra judicial killing

Quick Fix Solutions-Anticorruption as Core/Peripheral Modality of the ‘Rule of Law’

research paper of extra judicial killing

Corruption risk and political dynasties: exploring the links using public procurement data in the Philippines

Compliance or complicity an analysis of the eu-tunisia deal in the context of the externalisation of migration control.

See: https://www.reuters.com/investigates/special-report/philippines-duterte-data/

See UNDOC report at: http://www.unodc.org/wdr2016/

See https://www.reuters.com/investigates/special-report/philippines-duterta-doa/

See: Pulse Asia report: http://www.pulseasia.ph/september-2017-nationwide-survey-on-the-campaign-against-illegal-drugs/

See: https://www.brookings.edu/testimonies/the-human-rights-consequences-of-the-war-on-drugs-in-the-philippines/

See: https://www.nytimes.com/2018/03/14/world/asia/rodrigo-duterte-philippines-icc.html

See http://www.gmanetwork.com/news/news/specialreports/568715/how-the-provinces-voted-for-president-vp/story/

See: http://www.atimes.com/article/filipinos-support-dutertes-drug-war/

See: ABS-CBN Investigative and Research Group. 2018. “The Death Toll of the War on Drugs,” Accessed at: http://news.abs-cbn.com/specials/map-charts-the-death-toll-of-the-war-on-drugs (from 2016 to 2018)

See: Brooking Institute. 2017. The Human Rights Consequences of the War on Drugs in the Philippines. Accessed at: https://www.brookings.edu/testimonies/the-human-rights-consequences-of-the-war-on-drugs-in-the-philippines/

See. Human Rights Watch. 2018. Philippines: Duterte’s Drug War Claims 12,000 + Lives. Accessed at: https://www.hrw.org/news/2018/01/18/philippines-dutertes-drug-war-claims-12000-lives

See: Rappler Philippines. 2018 “Trillanes calls on Senate to defend De Lima, Press Freedom, and Right to Life,” Accessed at: https://www.rappler.com/nation/196573-trillanes-privilege-speech-de-lima-press-freedom-extrajudicial-killings

Philippine Commission on Elections. 2016. Election Results by Province. Available at: https://www.comelec.gov.ph /

Available here: http://www.inquirer.net/?utm_expid=.T5pTR2J2TnmvL4jEnd74LQ.0&utm_referrer=https%3A%2F%2Fwww.google.com%2F

Available here: https://www.philstar.com/

Available here: https://mb.com.ph/

Philippine Drug Enforcement Agency. 2018. “Drug Affectation Per Province (% of Barangays (local government units) in a province identified as having citizens engaged in high methamphetamine use, also locally known as Shabu), accessed at: https://www.google.com/maps/d/viewer?mid=1_jlXbZ84pI4Z7_U14WqeEA504vw&ll=14.0549210684909%2C119.6061621387745&z=6

See report here: http://news.abs-cbn.com/news/01/23/18/drug-war-death-toll-nears-4000-says-pnp

See: http://theconversation.com/dutertes-war-on-drugs-bitter-lessons-from-thailands-failed-campaign-66096 ; and https://www.brookings.edu/blog/order-from-chaos/2017/05/04/what-colombia-can-learn-from-thailand-on-drug-policy/

See: https://www.npr.org/2017/11/13/563841402/philippines-rodrigo-duterte-sustains-support-for-deadly-war-on-drugs

See: https://www.rappler.com/nation/194658-human-rights-officers-advocates-require-oplan-tokhang-pnp-war-on-drugs

Abouharb, M. R., & Cingranelli, D. L. (2006). “The human rights effects of world bank structural adjustment, 1981–2000.” International Studies Quarterly, 50 (2): 233–262.

Google Scholar  

Abouharb, M. R., & Cingranelli, D. (2007). Human rights and structural adjustment. New York: Cambridge University Press.

Aldaba, F. (2009). Poverty in the Philippines: causes, constraints, and opportunities. Manila: Asian Development Bank.

Balisacan, A. M., & Hill, H. (Eds.). (2003). The Philippine economy: development, policies, and challenges. London: Oxford University Press.

Barratt, B. (2004) “Aiding or Abetting: British Foreign Aid Decisions and Recipient Country Human Rights”, in S.C. Carey and S.C. Poe (eds), Understanding human rights violations: new systematic studies, Aldershot: Ashgate, pp. 43–62.

Beer, C., & Mitchell, N. J. (2004). “Democracy and human rights in the Mexican states: elections or social capital?” International Studies Quarterly, 48(2): 293–312.

Beer, C., & Mitchell, N. J. (2006). “Comparing nations and states: human rights and democracy in India.” Comparative Political Studies, 39(8): 996–1018.

Bell, S. R., Clay, K. C., & Murdie, A. (2012). “Neighborhood watch: spatial effects of human rights INGOs.” The Journal of Politics, 74(2): 354–368.

Besley, T., & Persson, T. (2010). “State capacity, conflict, development.” Econometrica, 78 (1): 1–34.

Blanton, S. and Blanton, R. (2009). “A sectoral analysis of human rights and FDI: does industry type matter?” International Studies Quarterly, 53 (2): 469–493.

Philippine Dangerous Drugs Board. 2016-2017. Statistics on Drug Use in the Philippines. Accessed at: https://www.ddb.gov.ph/research-statistics/statistics

Bohara, A. K., Mitchell, N. J., & Nepal, M. (2006). “Opportunity, democracy, and the exchange of political violence: a subnational analysis of conflict in Nepal.” Journal of Conflict Resolution, 50 (1): 108–128.

Boquet, Y. (2017). Spatial structures of the Philippines: urbanization and regional inequalities. In Boquet, Y. The Philippine Archipelago, New York : Springer, pp.419–464.

Brambila, J. A. (2017). “Forced silence: determinants of journalist killings in Mexico's states.” Journal of Information Policy, 7 (1): 297–326.

Brillantes Jr, A. B. (1994). “Redemocratization and decentralization in the Philippines: the increasing leadership role of NGOs.” International Review of Administrative Sciences, 60(4): 575–586.

Cameron, A. C., & Trivedi, P. K. (2013). Regression analysis of count data (Vol. 53). New York: Cambridge University Press.

Canare, T. (2016). “The relationship between IRA and local government expenditures: evidence from a cross-section of Philippine cities.” Philippine Political Science Journal, 37 (3): 167–189.

Carey, S. C. (2007). “European aid: human rights versus bureaucratic inertia?” Journal of Peace Research, 44(4): 447–464.

Casiple, R. C. (2016). “The Duterte presidency as a Phenomenon. Contemporary Southeast Asia: A Journal of International and Strategic Affairs,” 38(2): 179–184.

Croissant, A. (2003). “Legislative powers, veto players, and the emergence of delegative democracy: a comparison of presidentialism in the Philippines and South Korea.” Democratization, 10(3): 68–98.

Cruz, J. and G. Santamaria. 2014. “Crime and support for extralegal violence in Latin America,” Paper presented at the American Political Science Association, August 2014. Accessed at: https://www.academia.edu/23760536/Crime_and_Support_for_Extralegal_Violence_in_Latin_America

Curato, N. (2017a). “Flirting with authoritarian fantasies? Rodrigo Duterte and the new terms of Philippine populism.” Journal of Contemporary Asia, 47(1): 142–153.

Curato, N. (2017b). “Politics of anxiety, politics of hope: penal populism and Duterte’s rise to power.” Journal of Current Southeast Asian Affairs, 35(3): 91–109.

Curato, N. (Ed.). (2017c). A duterte reader: critical essays on Rodrigo Duterte's early presidency. Ithaca: Cornell University Press.

Davenport, C. (2007a). “State repression and political order.” Annual Review of Political Science, 10(2): 1–23.

Davenport, C. (2007b). State repression and the domestic democratic peace. New York: Cambridge University Press.

Davenport, C., & Armstrong, D. (2004). “Democracy and the violation of human rights: a statistical analysis from 1976 to 1996.” American Journal of Political Science, 48(3): 538–554.

DeMeritt, J. H. (2016). The strategic use of state repression and political violence. Oxford Research Encyclopedia of Politics.

Diamond, L. (2015). “Hybrid regimes.” Diamond, L. ed., In Search of Democracy New York: Routledge, pp. 163–175.

DILG. 2014. Philippine Department of Interior and Local Government. Local Government Code of the Philippines. Accessed at: http://www.dilg.gov.ph/PDF_File/reports_resources/dilg-reports-resources-2016120_5e0bb28e41.pdf

Diokno, B. E. (2009). “Decentralization in the Philippines after ten years—what have we learned?” In Ichimura, S., and R. Bahl. Decentralization policies in Asian development . World Scientific, (pp. 161–192).

Donnelly, J. (2013). Universal human rights in theory and practice. Ithaca: Cornell University Press.

Eriksen, S., and De Soysa, I. (2009). “A fate worse than debt? International financial institutions and Human rights, 1981—2003.” Journal of Peace Research, 46 (4): 485–503.

Fariss, C. (2017). “Collaborative research: sub-national analysis of repression project,” NSF Award Abstract. Accessed at: https://nsf.gov/awardsearch/showAward?AWD_ID=1627464&HistoricalAwards=false

Ferrara, F. (2003). “Why regimes create disorder: Hobbes's dilemma during a Rangoon summer.” Journal of Conflict Resolution, 47(3): 302–325.

Fielding, D., & Shortland, A. (2010). “An eye for an eye, a tooth for a tooth: political violence and counter-insurgency in Egypt.” Journal of Peace Research, 47 (4): 433–447.

Francisco, R. A. (1995). “The relationship between coercion and protest: an empirical evaluation in three coercive states.” Journal of Conflict Resolution, 39 (2): 263–282.

Francisco, R. A. (1996). “Coercion and protest: an empirical test in two democratic states.” American Journal of Political Science, 39(2):1179–1204.

Goldstone, J. A. (2002). “Population and security: how demographic change can lead to violent conflict.” Journal of International Affairs, 56(1): 3–21.

Gurr, T. (1970). Why men rebel. Princeton: Princeton University Press.

Gurr, T. (1985). "On the political consequences of scarcity and economic decline." International Studies Quarterly 29(1): 51–75

Gutierrez, Filomin. (2017). “Duterte and penal populism—the hypermasculinity of crime control in the Philippines,” Discovery Society, accessed at https://discoversociety.org/2017/08/02/focus-duterte-and-penal-populism-the-hypermasculinity-of-crime-control-in-the-philippines/

Hafez, M. M. (2003). Why Muslims rebel: repression and resistance in the Islamic world. Boulder, Lynne Rienner Publishers.

Hafner-Burton, E. M. (2005). “Trading human rights: how preferential trade agreements influence government repression.” International Organization, 59 (3): 593–629.

Hafner-Burton, E. M., & Tsutsui, K. (2005). “Human rights in a globalizing world: the paradox of empty promises.” American Journal of Sociology, 110 (5): 1373–1411.

Hafner-Burton, E. M., & Tsutsui, K. (2007). “Justice lost! The failure of international human rights law to matter where needed most.” Journal of Peace Research, 44 (4): 407–425.

Henderson, C. W. (1993). “Population pressures and political repression.” Social Science Quarterly, 74 (2): 322–33.

Heydarian, R.J. (2017). The Rise of Duterte: A Populist Revolt Against Elite Democracy . New York: Springer.

Hibbs, D. A. (1973). Mass political violence: a cross-national causal analysis (Vol. 253). New York: Wiley.

Hill, D. W., & Jones, Z. M. (2014). “An empirical evaluation of explanations for state repression.” American Political Science Review, 108(3): 661–687.

Holmes, R. (2017.) “Who supports Rodrigo Duterte,” In Curato, N. (Ed.), A Duterte reader: critical essays on Rodrigo Duterte's early presidency. Ithaca: Cornell University Press, pp. 57–75.

Hutchcroft, P. D., & Rocamora, J. (2003). “Strong demands and weak institutions: the origins and evolution of the democratic deficit in the Philippines.” Journal of East Asian Studies, 3(2): 259–292.

Joireman, S. F. (2001). “Inherited legal systems and effective rule of law: Africa and the colonial legacy.” The Journal of Modern African Studies, 39(4): 571–596.

Keith, L. C. (1999). “The United Nations International Covenant on Civil and Political Rights: does it make a difference in human rights behavior?” Journal of Peace Research, 36(1): 95–118.

Kenny, P. D. (2017). Populism and Patronage: why populists win elections in India, Asia, and Beyond. London: Oxford University Press.

Kenny, P. (2018). “A New Penal Populism? Rodrigo Duterte and the War on Drugs in the Philippines.” Paper presented at the National Congress Meeting of the International Political Science Association . Brisbane, Australia.

Kreuzer, P. 2017. “If they resist, kill them all: police vigilantism in the Philippines.” Peace Research Institute Frankfurt, Accessed at: www.jstor.org/stable/resrep14515 .

Kreuzer, P. 2018. “Excessive use of deadly force by police in the Philippines before Duterte.” Journal of Contemporary Asia, 1–14. Doi # https://doi.org/10.1080/00472336.2018.1471155

Lamchek, J.. (2017). “A mandate for mass Killings? Public support for Duterte’s war on drugs.” In Curato, N. (Ed.), A Duterte Reader: Critical Essays on Rodrigo Duterte's Early Presidency . Ithaca: Cornell University Press, pp.199–218.

Landé, C. H. (1996). Post-Marcos politics: a geographical and statistical analysis of the 1992 presidential election. Singapore: Institute of Southeast Asian Studies.

Landman, T. (2002). Issues and methods in comparative politics. New York: Routledge

Landman, T. (2005). Protecting human rights: a comparative study. Washington D.C.: Georgetown University Press.

Lange, M. (2011). Educations in ethnic violence: identity, educational bubbles, and resource mobilization. New York: Cambridge University Press.

Lange, M., & Dawson, A. (2010). “Education and ethnic violence: a cross-national time-series analysis.” Nationalism and Ethnic Politics, 16 (2): 216–239.

Levitsky, S., & Way, L. (2002). “The rise of competitive authoritarianism.” Journal of Democracy, 13(2): 51–65.

Lipset, S. M. (1959). “Some social requisites of democracy: economic development and political legitimacy.” American Political Science Review, 53 (1): 69–105.

Love, G. J., & Windsor, L. C. (2018). “Populism and popular support: vertical accountability, exogenous events, and leader discourse in Venezuela.” Political Research Quarterly, doi: 1065912917749752.

Mariani, P. (2008). “Assessing the proper relationship between the alien tort statute and the torture victim protection Act.” University of Pennsylvania Law Review, 156 (5): 1383–1438.

McCoy, A. W. (2017). “Philippine populism: local violence and global context in the rise of a Filipino strongman.” Surveillance & Society, 15 (3/4): 514–523.

Mitchell, N. J., & McCormick, J. M. (1988). “Economic and political explanations of human rights violations.” World Politics, 40(4): 476–498.

Mitchell, S. M., Ring, J. J., & Spellman, M. K. (2013). “Domestic legal traditions and states’ human rights practices.” Journal of Peace Research, 50(2): 189–202.

Montinola, G. R. (1999). “Parties and Accountability in the Philippines.” Journal of Democracy, 10(1): 126–140.

Mudde, C. (2016). “Europe's populist surge: a long time in the making.” Foreign Affairs, 95: 25.

Murdie, A. M., & Davis, D. R. (2012). “Shaming and blaming: using events data to assess the impact of human rights INGOs.” International Studies Quarterly, 56(1): 1–16.

Mydans, S. (2003). A wave of drug killings is linked to Thai Police. NY Times, 8. Accessed at: https://www.nytimes.com/2003/04/08/world/a-wave-of-drug-killings-is-linked-to-thai-police.html

Neumayer, E. (2005). “Do international human rights treaties improve respect for human rights?” Journal of Conflict Resolution, 49(6): 925–953.

Nieman, M. D., & Ring, J. J. (2015). “The construction of human rights: accounting for systematic bias in common human rights measures.” European Political Science, 14 (4): 473–495.

O'Donell, G. A. (1994). “Delegative democracy.” Journal of Democracy, 5 (1): 55–69.

O'Donnell, G. A. (1996). “Illusions about consolidation.” Journal of Democracy, 7 (2): 34–51.

Paolini, S., Harwood, J., & Rubin, M. (2010). “Negative intergroup contact makes group memberships salient: explaining why intergroup conflict endures.” Personality and Social Psychology Bulletin, 36 (12): 1723–1738.

Pérez-Liñán, A. (2007). Presidential impeachment and the new political instability in Latin America. New York: Cambridge University Press.

Pierskalla, J. H. (2010). “Protest, deterrence, and escalation: the strategic calculus of government repression.” Journal of Conflict Resolution, 54 (1): 117–145.

Pilapil, G. (2016). “Duterte and delegative democracy” Philippine Inquirer. Accessed at: http://opinion.inquirer.net/95589/duterte-delegative-democracy

Poe, S., & Tate, C. (1994). Repression of human rights to personal integrity in the 1980s: a global analysis. American Political Science Review, 88(4): 853–872.

Poe, S., Tate, C., and Keith, L. (1999). Repression of the human right to personal integrity revisited: a global cross-national study covering the years 1976–1993. International Studies Quarterly, 43(2): 291–313.

Putzel, J. 2018. “Can Duterte ‘populism’ bring lasting peace, development,” Philippine Daily Inquirer. Accessed at: http://opinion.inquirer.net/96846/can-it-bring-lasting-peace-development

Qian, N., & Yanagizawa, D. (2009). “The strategic determinants of US human rights reporting: evidence from the cold war.” Journal of the European Economic Association, 7(2–3): 446–457.

Quimpo, Nathan. 2017. “Duterte’s war on drugs” in Curato, N. (Ed.), A Duterte Reader: Critical Essays on Rodrigo Duterte's Early Presidency . Cornell University Press. pp.145-166.

Rasler, K. (1996). “Concessions, repression, and political protest in the Iranian revolution.” American Sociological Review, 61(1): 132–152.

Regan, P. M., & Henderson, E. A. (2002). “Democracy, threats and political repression in developing countries: are democracies internally less violent?” Third World Quarterly, 23(1): 119–136.

Richards, D. L., & Gelleny, R. D. (2007). “Good things to those who wait? National elections and government respect for human rights.” Journal of Peace Research, 44(4): 505–523.

Richards, D. L., Gelleny, R. D., & Sacko, D. H. (2001). “Money with a mean streak? Foreign economic penetration and government respect for human rights in developing countries.” International Studies Quarterly, 45(2): 219–239.

Risse-Kappen, T., Ropp, S. C., & Sikkink, K. (Eds.). (1999). The power of human rights: international norms and domestic change (Vol. 66). New York: Cambridge University Press.

Sales, Peter M. (2009)."State terror in the Philippines: the Alston Report, human rights and counter-insurgency under the Arroyo administration." Contemporary Politics 15(3): 321–336.

Shellman, S. M. (2006). “Leaders' motivations and actions: explaining government-dissident conflict-cooperation processes.” Conflict Management and Peace Science, 23(1): 73–90.

Sidel, J. T. 1999. Capital, Coercion, and Crime: Bossism in the Philippines. Palo Alto. Stanford University Press.

Sybblis, Martin, and Miguel Centeno. (2017). "Sub-Nationalism." 61(8): 799-807.

Teehankee, J. C. (2016). “Weak state, strong presidents: situating the Duterte presidency in Philippine political time.’ Journal of Developing Societies, 32 (3): 293–321.

Thompson, M. R. (2017). “The Philippine presidency in Southeast Asian perspective: imperiled and imperious presidents but not perilous presidentialism.” Contemporary Politics, 1–21.

Tomz M., Wittenberg, J., and King G. (2003). “CLARIFY: software for interpreting and presenting statistical results.” Journal of Statistical Software. Copy at http://j.mp/2oSx5Pc

Tusalem, R. F. (2018). “Do migrant remittances improve the quality of government? Evidence from the Philippines.” Asian Journal of Comparative Politics, doi: 2057891118757694.

Tusalem, R. F., & Pe-Aguirre, J. J. (2013). “The effect of political dynasties on effective democratic governance: evidence from the Philippines.” Asian Politics & Policy, 5(3): 359–386.

Vadlamannati, K. C. (2008). Socioeconomic, institutional & political determinants of human rights abuse: a subnational study of India, 1993-2002. Working Paper, University of Michigan: The William David Institute. Accessed at: https://deepblue.lib.umich.edu/bitstream/handle/2027.42/64388/wp926.pdf?sequence=1&isAllowed=y

White III, L. T. (2014). Philippine politics: possibilities and problems in a localist democracy (Vol. 71). New York: Routledge.

Wolman, A. (2015). Sub-national human rights institutions and the domestication of international human rights norms. Netherlands Quarterly of Human Rights, 33(2): 224–250.

Wood, R. M. (2008). A hand upon the throat of the nation: economic sanctions and state repression, 1976–2001. International Studies Quarterly, 52(3): 489–513.

Yilmaz, S., & Venugopal, V. (2013). Local government discretion and accountability in Philippines. Journal of International Development, 25(2): 227–250.

Zanger, S. C. (2000). A global analysis of the effect of political regime changes on life integrity violations, 1977-93. Journal of Peace Research, 37(2): 213–233.

Download references

Acknowledgements

The author would like to thank Ryan Craig for research assistance and Michelle Allendoerfer, Nicole Curato, Veena Kulkarni, and participants in the panel on human rights and state repression at the MPSA annual conference held in 2018 for providing feedback, comments, and suggestions on an earlier draft.

Author information

Authors and affiliations.

Department of Political Science, Arkansas State University, Humanities and Social Sciences Building #3048, PO Box 1750, State University, AR, 72467, USA

Rollin F. Tusalem

You can also search for this author in PubMed   Google Scholar

Corresponding author

Correspondence to Rollin F. Tusalem .

Rights and permissions

Reprints and permissions

About this article

Tusalem, R.F. Examining the Determinants of Extra-Judicial Killings in the Philippines at the Subnational Level: the Role of Penal Populism and Vertical Accountability. Hum Rights Rev 20 , 67–101 (2019). https://doi.org/10.1007/s12142-018-0535-1

Download citation

Published : 28 September 2018

Issue Date : March 2019

DOI : https://doi.org/10.1007/s12142-018-0535-1

Share this article

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

  • Political violence
  • State repression
  • Extra-judicial killings
  • Extra-legal killings
  • Penal populism
  • State capacity
  • War on drugs
  • Human rights violations
  • Find a journal
  • Publish with us
  • Track your research

research paper of extra judicial killing

Extrajudicial Killing In The Philippines: Protecting Human Rights In The Wake Of Presidential Endorsement

  • Sebastien Miller
  • July 17, 2016

On the 30 th of June, Rodrigo Duterte took office as the president of the Philippines. In the first five days of his leadership a reported thirty “drug-dealers” have been killed and US$20 million worth of narcotics seized in police operations across the nation. Duterte’s presidential campaign was heavy on anti drug and drug related crime rhetoric, announcing his aspirations of reinstating the death penalty and encouraging the extrajudicial executions of individuals suspected in participating in drug related activities.

Section 3 (a) of the United States Torture Victim Protection act provides a legally accepted definition for extrajudicial killings as:

“A deliberate killing not authorized by a previous judgment pronounced by a regular constituted court affording all the judicial guarantees which are recognized as indispensable by civilized people. Such term, however, does not include any killing that, under international law is lawfully carried out under the authority of a foreign nation.”

Widespread use of extrajudicial killing, or similarly summary executions, across the globe has consistently received international criticism, particularly from international law organisations and human rights bodies that argue that in bypassing due legal process, the basic human rights of individuals subject to extrajudicial violence are violated. Therefore, those perpetuating said violence are in breach of human rights law, or indeed if contextualised in a certain way, guilty of committing crimes against humanity. It is the purpose of this paper to consider the current promotion of extrajudicial killings in the Philippines and propose an alternative approach in order to minimise human rights violations.

In order to provide context for the current situation in the Philippines, brief consideration will be paid to the lead up to Duterte’s election. Whilst President-Elect Duterte openly encouraged the extrajudicial killing, offering both bounties and medals to members of the public for the summary executions of suspected drug dealers. “Please feel free to call us, the police, or do it yourself if you have a gun, you have my support […] shoot him and I’ll give you a medal”, he announced to a group of supporters in the southern city of Davao, where he had previously served as mayor for over 22 years. Recently, rewards of P5.5 million (USD $120, 000) were offered for every drug lord slain, the Philippine Daily Inquirer reported.

Whilst many attributed Duterte’s hard-line stance against drug offenders in the lead up to his ascension to office simply as campaign rhetoric, a consideration of his time as mayor of Davao raises cause for concern. The now President of the Philippines is alleged to have links to already existing vigilante groups such as the Davao Death Squad (DDS), whom Human Rights Watch (HRW) have attributed 1424 summary executions to, as well as other copycat groups in the local area since 1998, and reported that membership numbers had climbed beyond 500 personnel by 2009. At the time, the U.N. General Assembly reported that “the mayor of Davao City has done nothing to prevent these killings, and his public comments suggest he is in fact supportive.” HRW stated that victims were selected because they were suspected of being criminals. Amnesty International added in a separate report that the victims of these summary executions included minors. More recently, U.N. Secretary-General Ban Ki-Moon released a statement condemning Duterte’s “apparent endorsement of extrajudicial killings, which is illegal and a breach of fundamental rights and freedoms.”

As aforementioned, in the first five days after Duterte assumed office, the police have reported the summary execution of thirty alleged criminals. This takes the total number of suspects subject to extrajudicial execution to over 100 since Duterte won elections in May, The Guardian reported. In addition to the apparent injustice that is the revocation of a suspected criminals right to life before being afforded their right to trial, the deployment of state-sanctioned extrajudicial killings has seemingly extended to other criminal classes. That is, there have been reports that in addition to drug dealers, rapists and car thieves are also among those that have been subject to summary executions. Furthermore, and certainly challenging the already precarious legitimacy of the use of extrajudicial executions, Duterte called upon Filipino civilians to kill drug addicts: “if you know of any addicts, go ahead and kill them yourself”, reports the Australian agency ABC news. Considering these reports, the blurred legal, ethical and procedural lines that exist around the state endorsed extrajudicial killings by police and civilians of criminal suspects are seemingly getting worse as the pool of potential suspects grows larger.

As police are bestowed with a certain level of judicial responsibility and power there are circumstances in which summary executions may be permissible or justified whilst they are performing as state actors. For example, a number of recent police reports pertaining to the shooting deaths of criminal suspects feature occasions in which police were met with violent resistance or engaged by small arms fire, and therefore, it is within their power to engage in the use of lethal force. Although, this becomes problematic in the current context when you consider that alleged criminals, or even innocent civilians, understand that state actors such as the police are imbued with extrajudicial power over their lives and are not obliged to process them through the legal system. It is therefore not unreasonable to expect individuals to resort to violence when approached by members of law enforcement when the potential for a summary execution may be just as likely as questioning or an arrest.

It is likely that this problem will grow exponentially worse as the number of innocent deaths increase. In addition to the expansion of public distrust against state actors, the prevalence of extrajudicial violence employed by non-state actors, as encouraged by Duterte, may lead to a further break down of law and order nationwide, rather than serving as a solution to preexisting crime. The Guardian reported on the 1 st of July that an unidentified body had been found in Manila, the nations capital, with its head wrapped in tape and wearing a sign that read: “I am a pusher”. This suggests that a new wave of civilian-led extrajudicial killings may now be underway. Similarly, as demonstrated by the emergence of the DDS in Davao, violence at the hand of non-state actors, although legitimized by referring to public needs, can have a devastating effect on lives and undermine the nations legal system.

In 2003, Thaksin Shinawatra, then prime minister of Thailand launched a war on drugs to reduce international drug trafficking and local drug use. Human rights organization Human Rights Watch reported:

“In the first 3 months of the campaign, there were some 2,800 extrajudicial killings. In 2007, an official investigation found that more than half of those killed had no connection whatsoever to drugs.”

This is the very same issue that currently threatens the Philippines. The main difference being, however, is that where the Thai government launched a war on drugs, Duterte has instigated a total war on crime, the scale of which has the potential to be much larger, and thus, the death toll higher.

In addition to being an effective method for achieving campaign support and evoking a sense of national social responsibility, Duterte’s appeal to the public for help may also suggest that the preexisting state institutions may be ill-equipped for dealing with the current level of crime plaguing the Philippines. In granting police the power to perform extrajudicial killings, strain is removed from the judicial system, and by extending this power to civilians the police are in turn relieved of pressure. Additionally, widespread corruption throughout all levels of state infrastructure could certainly be a factor in the new governments reluctance to utilize bureaucratic processes and instead revert to street-level problem solving. To quote Duterte:

“The problems that bedevil our country today which need to be addressed with urgency are corruption, both in the high and low echelons in government, criminality in the streets and the rampant sale of illegal drugs in all strata of Philippine society and the breakdown of law and order.”

Whilst this paper has argued the currently proposed methods for dealing with the “rampant” crime are likely to encourage the breakdown of law and order rather than prevent it, the corruption condemned by Duterte could lie at the heart of the problem.

Time needs to be taken to investigate said corruption and to carefully restructure the government and state institutions in order to allow the nation to move forward. Establishing a safe society as Duterte seemingly intends to do, is of the deepest importance, although, his frustration with widespread corruption and hardline approach to crime may be interfering with his ability to do so. Superficially, the government’s current trajectory seems to be laying down the groundwork for the further decay of law and order, but it is still early days. An exploration into the social issues that may be the root cause of the high levels of crime is also necessary.

There is a popular assumption that the rampant drug crime is closely associated with widespread poverty. It would be responsible for the government conduct research into pressing social issues and consider establishing social institutions and programs to assist disadvantaged citizens. One such example would be the provision of social support for those affected by drug addiction rather than the current approach that favours their extermination. A shift away from retributive rhetoric and justice and a stronger focus on restoration and rehabilitation could be the directional change the Philippines needs to establish a safe society that values and protects human rights.

Further, the notion of extrajudicial killing is not directly addressed by international law. Whilst the summary execution of civilians or combatants is deemed a war crime under the law of armed conflict, the same provisions are not afforded to civilians in times of relative peace. Similarly, widespread murder enacted upon a civilian population is encompassed in the legal definition of crimes against humanity. However, once again, the specific notion of extrajudicial killing is jarringly absent from international legislation.

In the case of the Philippines, the widespread nature of the current extrajudicial violence is certainly reminiscent of both the aforementioned international criminal law paradigms, although abstract enough for them to remain inapplicable. The specific criminalisation of extrajudicial killings on an international level could prove an effective safeguard against the perpetuation of such violence in the future. International law must address the killings that take place outside of the judicial process and work towards further clarifying any grey areas such as those pertaining to extrajudicial violence. The right to life is arguably the most important of the human rights and thus must be preserved and protected in as many ways as possible.

  • Recent Posts

Sebastien Miller

  • International Concern Over Miscarriage Of Justice As 36 Executed In Iraq - August 27, 2016
  • Civilian Massacre In DR Congo Causes Further Civil Unrest - August 25, 2016
  • Fears of Further Human Rights Abuse After Scores Killed During Peaceful Protests In Ethiopia - August 12, 2016

Indonesia Accepts Rohingya Refugees Leaving Bangladesh

The National Refugee Task Force of Indonesia announced it would allow Rohingya refugees to stay in the country on December 10th, 2023. The Rohingya people

Understanding The Importance Of Murdered Journalists In The Israel-Hamas War

Since the start of the recent Israel-Hamas war, at least a dozen reporters covering the conflict have been killed, with more injured. In the first

The Fall Of The Republic Of Artsakh

On September 19th, Azerbaijan launched an intense military offensive in the contested Nagorno – Karabakh region, which killed over 200 ethnic Armenians and dozens of

research paper of extra judicial killing

research paper of extra judicial killing

  • français
  •   BAHÁNDÌAN Home
  • College of Law
  • Juris Doctor
  • Tingnan ang Item

Extrajudicial killings in the Philippines: Rights violated and possibility of proposing legislation

Thumbnail

Tingnan / Open

Tagapayo ng tesis, tagapangulo ng panel ng depensa, magbahagi , paglalarawan, mungkahing sipi, mga keyword, lokasyon ng istante, pisikal na paglalarawan, collections.

  • Juris Doctor [144]

Ang mga sumusunod na mga file ng lisensya ay naiugnay sa item na ito:

  • Creative Commons

Attribution-NonCommercial-NoDerivs 3.0 Philippines

Aking Account

CPU Henry Luce III Library

Extrajudicial killings in the Philippines

This country spotlight refers to data published in 2019. For the most recent data, go to our Rights Tracker .

‘War on drugs’ is a denial of the right to life

Since the election of Rodrigo Duterte in June 2016, a violent ‘war on drugs’ has claimed upwards of 5,000 lives in the Philippines. Executions by police and militia groups that target drug dealers and users not only exacerbate the drug problem but constitute a violation of the right to freedom from execution by extrajudicial killing.

research paper of extra judicial killing

On July 1st 2016, Oliver Dela Cruz was shot to death in Bulacan province during a police sting operation. He was playing cards at a friend’s house when a group of armed men broke in, interrogated and executed him. Police denied any responsibility, blaming vigilante violence.

The International Covenant on Civil and Political Rights, which the Philippines has signed, recognises the right to life. The death penalty was abolished in the Philippines in 1987, and the country signed the Second Optional Protocol to the ICCPR, becoming part of the global movement against the death penalty.

Under the ICCPR, the right to be free from execution also covers arbitrary and extrajudicial killing. The Human Rights Measurement Initiative tracks the performance of countries around the world on upholding these rights.

The killings of Mr Dela Cruz and thousands of others are a denial of the right to life, the right to freedom from execution.

While the current administration is not directly responsible for the authorisation of these extra-judicial executions, Agnes Callamard, United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Killings, blamed Duterte’s hard-line approach and rhetoric for exacerbating the violence and denounced the lack of investigation into the killings.

Police and militia groups are not being held to account for their actions. This is a rejection of the government’s obligation to investigate violations of the right to life and the right to freedom from extrajudicial killing.

The right to freedom from execution

According to international law, the right to be free from execution includes freedom from any arbitrary or extrajudicial deprivation of life, as well as freedom from the death penalty even with due process of law (ICCPR, Part III, Article 6; Second Optional Protocol to the ICCPR, Article 1).

This is a fundamental human right that must be respected and governments are legally obligated to do what they can to prevent such killings and hold those responsible to account.

HRMI’s Civil and Political Rights data collection

In 2019, we collected information on civil and political rights in 19 survey countries via a secure online expert opinion survey  (please note this is a link to a preview of the survey only, and any responses you make will not be collected).

These countries were selected based on the following two criteria:

  • Sufficient interest from human rights experts in that country for inclusion (so that we could be sure to have sufficient numbers of survey respondents and active engagement during the survey).
  • A sub-set of 19 countries that offered diversity of sizes, regions, cultures, income levels, degree of openness etc (so that we could learn how well our survey methodology worked in different contexts).

The graph below shows how the 19 countries in the HRMI survey performed on freedom from execution.

Extra

It seems likely that the Philippines would perform poorly relative to the survey countries, due to the number of unlawful executions carried out since 2016, but without data it is harder for human rights defenders to do their work and hold governments to account.

As soon as funding allows, we will extend our civil and political rights data collection to the Philippines and the rest of the world, and expand our full set of data to measure other rights protected by international law.

If you want to help fund our expansion to the Philippines, and all countries in the world, please contact us .

Who can use these data?

All of HRMI’s data are freely available to anyone. You can  explore our data site here , and even download the dataset.

We have data on seven  civil and political rights : as well as  five economic and social rights .

HRMI aims to produce  useful  data. Some of the people we expect will use our data are:

  • Journalists, especially those reporting a particular country, and those focusing on human rights, politics, social issues or international affairs
  • Researchers
  • Government policy advisers
  • Human rights advocates
  • Human rights monitors within a region, and at the international level
  • Companies, for decision-making, to minimise risk for investors, and direct capital flows ethically.

If you know anyone in those categories, please let them know about HRMI, in case our data can be useful to them.

HRMI’s data have been available for only a few months so far, but as different people use them, we want to share stories and case studies. Whenever you see our data in action, please tell us, and we’ll include a link on our website.

Thanks for your interest in HRMI. You are most welcome to follow us on  Twitter ,  YouTube ,  Facebook , and LinkedIn and sign up to receive occasional newsletters  here .

For any website to function, it is necessary to collect a small amount of user data, so by continuing to use this website, you are consenting to that. To find out more, please read our Privacy Policy

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

  • We're Hiring!
  • Help Center

paper cover thumbnail

Thesis Extra Judicial Killings

Profile image of Mark Greg Nisperos

Related Papers

Fatima Pinto

research paper of extra judicial killing

spencer mwambisi

Yuchengco Center

One of the national issues prior to President Duterte’s assumption to office was the prevalence of illegal drugs in the country. Between 2008 and 2016, 14.8 million Filipinos had used illegal drugs at least once (Dangerous Drugs Board, 2016). In his State of the Nation Address on July 25, 2016, Duterte vowed to launch an intensified the battle against illegal drugs. Observers noted the war against drugs is addressed by incarceration, rehabilitation. However, there have been reports of extrajudicial killings of both abusers and pushers. A more humane approach in the drug war is called for.

Asian Journal of Law and Society

Jon Fernquest

This article focuses on the war on drugs in the Philippines in order to explore issues related to extra-judicial killing, which remains common in many countries that have abolished the death penalty and in many more that retain it but seldom carry out judicial executions. In the first year of Rodrigo Duterte’s presidency (2016–17), thousands of people were killed by police or by vigilantes who were encouraged to prosecute his war on drugs. At a time when democracy is in retreat in many parts of the world, this case illustrates how popular harsh punishment can be in states that have failed to meet their citizens’ hopes for freedom, economic growth, and security.

Moshiur Rahman Shikder

Md. Kamruzzaman

Respect for human rights lies at the heart of good governance. In a democratic society, it is the responsibility of the State to protect and promote human rights. All State institutions whether they are the police department (RAB), the army, the judiciary or civil administration have a duty to respect human rights, prevent human rights violations, and take active steps for the promotion of human rights. Unfortunately, many a time, while discharging this duty, actions of the Rapid Action Battalion (RAB) conflict with human rights. They are pressured to get quick results, often with unofficial guarantees that they may use any means possible to accomplish the task at hand. However sometimes they abuse their power by the name of " Crossfire or Extra judicial Killing " which is the violation of Human Rights frequently occurred in Bangladesh. The main objective of the study is to explain the nature of Cross Fire in Bangladesh. This is qualitative study and data were collected from various secondary sources which included police statistics, the United Nations special procedure mandate holders various non-governmental organization's information and also daily newspaper from many aspects of incidents.

Pablo Ciocchini

The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro's institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people's lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

BEST Journals

In general, extrajudicial killing is the killing by law enforcement authorities without the sanction of any judicial proceeding or legal process. Though a person is being suspected as a criminal, he has the legal and constitutional right to have justice. In this paper it is tried to analyze five years (2005-2009) data from some newspapers articles of Bangladesh on extrajudicial killing, find the legal barriers as well as legal shields used by law enforcement agencies to justify the killings. It is also tried to explain extrajudicial killing by several aspects like denying due process, crime control and access to the justice on the basis of secondary data sources.

Rizal Buendia

The article examines torture in the Philippines and the failure of the state to address this violation of human right.

Torture: Global and Asian Perspectives

RELATED PAPERS

Cheryl Daytec-Yañgot

Nina Johnen

Justus O Imafidon

Nadia Sorensen

Dhan Samson

Dr Ambika Kohli

Victoria Collins

The Palgrave Handbook of Criminology and War

Michael Mair , Chris Elsey , Patrick G. Watson

Andris Banka

Paulo Cardinal

mira sajjan

Matthew Breay Bolton , Elizabeth Minor , Allison Pytlak , R. Acheson

Laura Pedraza Farina

Ann Ezeanya

Understanding beyond solutions: UFRGSMUN: beyond modelling

Bruno Magno , Pedro V . P . Brites

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions

Christof Heyns

Marian Concibido

Juan Antonio Le Clercq , Gerardo Rodríguez Sánchez Lara

Prince Cleme

Allison laxamana

Peter Kreuzer

Professor Bishnu Pathak Phd

Roxanna Altholz

Justienne Lexie Nicdao

University of Asia & the Pacific Law Journal

Ruby Rosselle Tugade

Society for Science andEducation, United Kingdom

Kyle Grayson

SIPRI literature review on the availability and military use of UAVs for the Policy and Operations Evaluations Department of the Dutch Ministry of Foreign Affairs

Maaike Verbruggen

Sol Iglesias

Nwakerendu Ike

Bethany C Nelson

Political Economy of the Philippine Human Rights Violation

Bobzorex Lopez

Reclaiming Stolen Lives

Francis Isaac

Philippine Political Science Journal

Criminal Legalities in the Global South: Cultural Dynamics, Political Tensions, and Institutional Practices, edited by Pablo Ciocchini and George Radics

Jayson Lamchek

danish asefi

  •   We're Hiring!
  •   Help Center
  • Find new research papers in:
  • Health Sciences
  • Earth Sciences
  • Cognitive Science
  • Mathematics
  • Computer Science
  • Academia ©2024
  • Share full article

Advertisement

Supported by

Exclusion of Jewish Jurors Prompts Review of California Death Row Cases

Dozens of cases are under review after notes from jury selection in a 1990s murder case indicated that prosecutors worked to exclude Jews.

A light gray masonry courthouse building with tall vertical stripes of windows stands on a street corner.

By Tim Arango

A jury was being chosen for a murder trial nearly three decades ago in California. The state was seeking a death sentence for Ernest Dykes, who had been charged with killing a 9-year-old boy during a robbery in Oakland.

Weighing who should be struck from the jury pool and who should be kept, a prosecutor made notes about a prospective juror:

“I liked him better than any other Jew but no way.”

Other notes about prospective jurors bore evidence of similar prejudice:

“Banker. Jew?” read one.

“Jew? Yes,” read another.

The notes — just handwritten scribbles — were discovered recently in an internal case file from the 1990s when Mr. Dykes was convicted of murder and sent to death row. A federal judge who is overseeing settlement talks as part of an appeal by Mr. Dykes told the Alameda County District Attorney’s office to conduct a top-to-bottom search for any additional documents, and that search turned up the notes, which are now in the hands of the judge.

The notes offered a startling glimpse into a practice that some defense lawyers long suspected was going on, and that a former prosecutor had alleged was common in Alameda County — prosecutors seeking to exclude people of certain faiths, races or genders.

Now, Mr. Dykes, 51, and perhaps others on death row in California as well, may have their convictions tossed out and be granted new trials. The federal judge weighing his appeal has ordered a review of all California capital cases in which a defendant from Alameda County is still on death row. The county includes Oakland, Berkeley and a host of other Bay Area communities.

The inquiry, which may involve as many as 35 cases from as far back as 1977, is just getting underway. But the district attorney’s office says it has already found evidence that the discriminatory practice was widespread for decades and involved numerous prosecutors.

“When you intentionally exclude people based on their race, their religion, their gender or any protected category, it violates the Constitution,” said Pamela Price, the Alameda district attorney and a former civil rights lawyer.

Legal scholars and critics of the death penalty say some prosecutors have long sought to exclude certain groups from serving as jurors in capital cases, even after the courts made clear that the practice was unconstitutional. Given the long history of racial injustice in the United States, Black jurors were presumed to be sympathetic to defendants, especially to Black defendants. And in the decades after the Holocaust, Jews were presumed to be against capital punishment.

A team of prosecutors worked on the Dykes case, and the district attorney’s office said it has not been able to determine exactly who wrote the notes about prospective Jewish jurors.

The lead prosecutor in the case, Colton Carmine, is retired. Reached in Reno, Nev., where he now lives, Mr. Carmine declined to discuss the revelations about jury selection in the Dykes trial.

Ms. Price’s office has been contacting surviving relatives of the victims in the murder cases that are under review, to prepare them for the possibility of new trials and the prospect of reliving the trauma of having lost a loved one so violently.

Retrying the cases would present prosecutors with numerous challenges, like tracking down old case files and witnesses whose memories may have faded, or who have died.

Ms. Price, a former civil rights lawyer who is facing a recall election organized by critics who favor more punitive measures, said her office has reached about half the victims’ families so far. “Obviously people are not happy to hear from us after 20, sometimes 30 years, that the case is not over,” she said.

Lance Clark, the 9-year-old boy Mr. Dykes was convicted of killing, wanted to be an architect, and was “so smart, so bright,” said an uncle, Steve Robello. “He made his own toys. He made his own robots.” Just this week, he said, he visited his nephew’s grave and left flowers.

Kirstie Trias, Lance’s sister, said it was devastating to learn that Mr. Dykes may get a new trial. The notion that he was somehow a victim is “heart wrenching,” she said.

Allegations of religious and racial bias in Alameda County jury selection have surfaced before. In 2005, John R. Quatman, a former prosecutor in the district attorney’s office, gave a sworn declaration that “it was standard practice to exclude Jewish jurors in death cases.”

Mr. Quatman said at the time that a trial judge in a death penalty case had advised him to make sure that no Jewish jurors were selected.

“He said I could not have a Jew on the jury, and asked me if I was aware that when Adolf Eichmann was apprehended after World War II, there was a major controversy in Israel over whether he should be executed,” he said. Mr. Quatman added that the judge said, “no Jew would vote to send a defendant to the gas chamber.”

There is limited polling on Jewish views of the death penalty, but a 2014 poll by the Public Religion Research Institute found that among Jews support for capital punishment was notably lower than among white Protestants and white Catholics, while higher than among Hispanics and among Black Protestants.

Rabbi Jacqueline Mates-Muchin, the senior rabbi at Temple Sinai in Oakland, which is about to celebrate its 150th anniversary, said that learning of the alleged past pattern of bias among local prosecutors struck especially hard, given the rise of antisemitism today.

“It’s pretty awful,” she said. “The word disappointing isn’t enough.”

Alameda County, with a population of about 1.6 million, is home to about 50,000 Jews, according to a 2020 estimate by the American Jewish Population Project at Brandeis University .

Rabbi Mates-Muchin said the revelations are troubling on many fronts. “I feel horribly for the families of the victims. I also think that it isn’t fair to these defendants, who did not have a decent representation of the community that they’re from judging their case.”

Proving bias in selecting jurors, though, is notably difficult. Using what are known as peremptory challenges, lawyers can strike a certain number of prospective jurors without necessarily having to provide a reason. Even when a reason is required, lawyers can often draw on answers to jury questionnaires for indications of bias that can be used to justify excluding someone.

“For as long as there have been jury trials in death penalty cases, there has been racial discrimination and religious discrimination in the selection of juries,” said Robert Dunham, director of the Death Penalty Policy Project, an independent research organization within the Philadelphia law firm Phillips Black. “And we see it most frequently in the context of prosecutors striking African-American jurors.”

Brian Pomerantz, a lawyer who specializes in appeals of capital cases and represents Mr. Dykes alongside another attorney, Ann-Kathryn Tria, said that exposing jury bias in death penalty prosecutions in Alameda has been “my life’s quest.”

“I’ve been chasing this for a decade,” said Mr. Pomerantz, who also represents two other death row inmates in Alameda cases whose trials he believes were tainted by the exclusion of Black and Jewish jurors.

California has the largest death row in the nation — there are currently 640 condemned inmates — but the state has not executed anyone since 2006. Gov. Gavin Newsom, a Democrat, is opposed to capital punishment and has imposed a moratorium on executions. He has also shut down the death chamber at San Quentin prison and transferred death-row inmates to other prisons around the state.

It is not difficult to look in any corner of the country and find cases overturned because of jury bias, and prosecutors’ offices where striking jurors based on race or religion was common.

“Historically we’ve seen practices by prosecutors — and we know this to be true, because we’ve seen videotapes of their lectures to their colleagues,” said Robin M. Maher, the executive director of the Death Penalty Information Center. “We’ve seen training manuals where it says, make sure to exclude everyone — women, Jews, people of color — anyone who is part of a group that they think could sympathize with someone who was on trial for his life.”

In Philadelphia, a training video that showed prosecutors how to exclude Black jurors was unearthed, leading to overturned convictions. In Mississippi, a Black man, Curtis Flowers , was tried six times in the same murder case, and ultimately the Supreme Court overturned his death sentence after ruling the prosecutors violated the Constitution in selecting the jury. More recently, a court in North Carolina held a hearing last month about allegations of racial bias in selecting a jury in the case of Hasson Bacote , a Black man sentenced to death in 2009.

Mr. Pomerantz said the emergence of such bias in Alameda County, in the heart of the liberal Bay Area, shows how ubiquitous the practice has been in the United States.

“You’re talking about where Berkeley is,” he said. “This isn’t Alabama. This isn’t Texas.”

Kirsten Noyes and Alain Delaquérière contributed research.

Tim Arango is a correspondent covering national news. He is based in Los Angeles. More about Tim Arango

IMAGES

  1. Extra Judicial Killing

    research paper of extra judicial killing

  2. Extra.docx

    research paper of extra judicial killing

  3. EXTRA JUDICIAL KILLING.docx

    research paper of extra judicial killing

  4. (PDF) Extra Judicial Killing

    research paper of extra judicial killing

  5. Extrajudicial Killings in Karachi, An Analysis By Capt. (R) Parvez Ah…

    research paper of extra judicial killing

  6. Crime of Extra Judicial Killing

    research paper of extra judicial killing

VIDEO

  1. Biden FBI Targeted Ashli Babbitt After Her Death!

  2. House of Reps to investigate incidents of extra Judicial killing

  3. Why are executions on the rise in a number of countries?

  4. POWERFUL SPEECH: Justice for Ashli Babbitt: FITTON at CPAC

  5. Maths paper Extra marks🔴cbse 2023-24 big news urgent|| bonus marks guaranteed 🎉

  6. Re-installation of David Hurst Lynching Marker, Appalachia, Virginia

COMMENTS

  1. Examining extrajudicial killings: discriminant analyses of human rights

    Extrajudicial killings are cases where a government kills citizens with no judicial oversight. We offer first-of-its-kind analyses of this phenomenon that by now is widely discussed in the context of international politics. ... and is thus well beyond the scope of this research. The theoretical framework in this paper pertains to the two and a ...

  2. Extrajudicial Killings: Comparative Analyses of Human Rights ...

    Furthermore, the analyses compare extrajudicial killings as a political phenomenon with other phenomena they are often associated with or even lumped together with in empirical analyses. Those include political imprisonment and political disappearance. We find that in various ways extrajudicial killings are indeed unique.

  3. Analysis of the Doctrine of Extra Judicial Killing in India

    This research proposal aims to analyse the doctrine of Extra Judicial Killing in India and understand the reasons behind its prevalence. The research will investigate the various factors that contribute to the practice of Extra Judicial Killing, including social, cultural, and political influences. This paper will also deal with the occurrence ...

  4. Governing through Killing: The War on Drugs in the Philippines

    Footnote 169 Historians, area studies scholars, and NGOs have frequently described extra-judicial killing, but their works have rarely informed thinking about extra-judicial killing as a form of social control or a type of punishment. The best sociological accounts of genocide and governmental violations of human rights tend to focus on ...

  5. Extra-Judicial Killing: A Threat to Democracy

    Abstract. This article provides a brief view about the extra judicial killings in India. It discusses in view of some recent cases how staged encounters or extrajudicial killings empower the police to play the role of a judge and executioner and leads to a direct violation of Article 21 as the procedure established by law is not followed in ...

  6. (PDF) Extra Judicial Killing

    Any type of extra-. judicial punishment is by their nature unlawful, as they bypass the due. process of law. Such killings often target leading political, trade unions, dissenting, religious, and ...

  7. Examining the Determinants of Extra-Judicial Killings in the

    Since the election of Philippine President Rodrigo Duterte in 2016, extra-judicial killings (EJKs, hereafter) have become commonplace as a result of his administration's declaration of war on drugs. Empirical cross-national work on examining determinants behind state repression remains scant especially in understanding the phenomenon at the sub-national level. This study investigates what ...

  8. Extra-judicial Killings in The Philippines and the So-called "War on

    This article aims to find out and analyze whether extrajudicial killings arising from the war on drug policy in the Philippines can be the jurisdiction of the International Criminal Court (ICC).

  9. PDF Critical Analysis of the Regulation of Extrajudicial Killings in India

    The phenomenon of extrajudicial killings in India requires a critical analysis, and there is a need to investigate ways to improve legislative frameworks in order to stop and deal with these heinous human rights breaches. This research paper thus explores the several ways that extrajudicial executions affect natural justice

  10. PDF Extrajudicial Killings and its Effects on the Socialization ...

    This research examined the extrajudicial killings (EJK) and its effects on the socialization and self-acceptance of the victim's families. Using quantitative research with structured questionnaires and interviews as the main data gathering strategies, the primary data were collected from 60 purposively chosen residents of the three (3 ...

  11. PDF The Effects of Death through Violations of Human Rights

    The cases of "extrajudicial killings" (EJK) characterizing the current Philippine Drug War, is one example. Human rights violations leading to violent deaths have irrevocable consequences on the family as secondary victims . This review of literature, covering both local and international studies, highlights the significance of ...

  12. Extrajudicial Killing In The Philippines: Protecting Human Rights In

    It is the purpose of this paper to consider the current promotion of extrajudicial killings in the Philippines and propose an alternative approach in order to minimise human rights violations. In order to provide context for the current situation in the Philippines, brief consideration will be paid to the lead up to Duterte's election.

  13. Extrajudicial Killings and its Effects on the Socialization and Self

    This research examined the extrajudicial killings (EJK) and its effects on the socialization and self-acceptance of the victim's families. Using quantitative research with structured ...

  14. PDF Murder or Justice- a Paradoxical View on Encounter Killings

    Encounter killings or extra- judicial killings act as an antithesis to the concept of justice and rule of law. In the case of Raghbir Singh V. State of Haryana1, the Supreme Court expressed that "We are deeply disturbed by the diabolical recurrence of police torture resulting in terrible scare in the minds of common citizens that their lives

  15. Extra-judicial Killings in The Philippines and the So-called ...

    See all articles by Giovanni Chiarini Giovanni Chiarini. University of Huddersfield; Texas Tech University; University College Cork - Centre for Criminal Justice and Human Rights; The University of Edinburgh, Centre for International and Global Law; Universitat zu Koln, Institute of International Peace and Security Law ; University of Warwick, Centre for Critical Legal Studies & Criminal ...

  16. Extra-Judicial Killings Research Papers

    This paper examines the root causes of the extra judicial killings by police and other law enforcement agencies in Pakistan. The data used is analyzed with qualitative approach. At the end of this research paper, a set of recommendations is given to bring about change/reforms in Police department to avoid this problem.

  17. Extrajudicial Killing Research Papers

    EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS. The article examines the lethal responses by Israeli soldiers and police to Palestinian assailants in the West Bank and East Jerusalem since the start of the "Knife Intifada" in October 2015.

  18. PDF Extra Judicial Killing by Law Enforcement Agencies

    research paper. So, my desirable topic for making the proposal paper of research paper is the Extrajudicial killing by law enforcement Agency and violation of The Constitution of Bangladesh and provisions of Human Rights. In this recent year's extra judicial killing like

  19. Extrajudicial killings in the Philippines: Rights violated and

    The study Is a qualitative research study. Specifically, the researcher used the Integrative literature review, integrative literature review Is a form or a type of research that reviews, critiques, and synthesizes representative literature on a topic in an integrated way. in this study researcher used thirteen studies related to extrajudicial ...

  20. Perception of the Community towards Issues on Extrajudicial Killings in

    The paper emphasizes that extra-judicial killing is an infringement of the citizens' rights to life and state violation of international human rights charter of which Nigeria is a signatory.

  21. Extrajudicial killings in the Philippines

    The death penalty was abolished in the Philippines in 1987, and the country signed the Second Optional Protocol to the ICCPR, becoming part of the global movement against the death penalty. Under the ICCPR, the right to be free from execution also covers arbitrary and extrajudicial killing. The Human Rights Measurement Initiative tracks the ...

  22. Level of Awareness on Extra Judicial Killing of Bachelor of ...

    Extra Judicial Killing (EJK) is the unlawful killing of a person like leading politicians, religious figures, trade union leaders and sometimes socially popular figures by governmental authorities without the sanction of any judicial proceeding or any legal process. ... 2019). A published research paper. Presented to the faculty of Ardemil ...

  23. (DOC) Thesis Extra Judicial Killings

    In his State of the Nation Address on July 25, 2016, Duterte vowed to launch an intensified the battle against illegal drugs. Observers noted the war against drugs is addressed by incarceration, rehabilitation. However, there have been reports of extrajudicial killings of both abusers and pushers. A more humane approach in the drug war is ...

  24. Exclusion of Jewish Jurors Prompts Review of California Death Row Cases

    Published May 13, 2024 Updated May 14, 2024, 10:23 a.m. ET. A jury was being chosen for a murder trial nearly three decades ago in California. The state was seeking a death sentence for Ernest ...