When Rodrigo Duterte was running for president eight years ago, he vowed to order the police and the military to find drug users and traffickers to kill them, promising immunity for such killings. In the months after, police officers and vigilantes mercilessly gunned down tens of thousands of people in summary executions.
Even now, two years after Duterte left office, there has been little legal reckoning with the wave of killings: Only eight police officers have been given prison sentences, in connection with just four cases, with one verdict that came this month. And though rights groups say that there have been fewer such killings since Duterte left, and far fewer involving agents of the government, a culture of violence and impunity has maintained a troubling hold in the Philippines.
In recent months, the legacy of Duterte’s so-called war on drugs has slowly begun to get more official attention. Lawmakers are holding several public hearings into the violence. Senior police officers spoke at the congressional hearing, as did victims’ relatives, who relived their horrors and again pleaded for justice.
When Duterte left office, his administration said 6,252 people had been killed by security forces — all described by officials as “drug suspects.” Rights groups say the overall death toll stands at roughly 30,000.
Duterte is unlikely to face any consequences from the congressional hearings. This past week, he was asked to testify before the panel but through a spokesperson declined to do so, invoking his constitutional right against self-incrimination. That has left many looking overseas, to the International Criminal Court, which is investigating the drug war and is expected to be nearing some action against Duterte.
Reymie Bayunon’s 7-year-old son, Jefferson, was fatally shot in the city of Caloocan in April 2019 after, Bayunon said, he witnessed a killing in their neighborhood. She sued the police but said she skipped the court hearings after being threatened by a group of officers.
Bayunon has a simple message for the Philippine authorities: “I call on you to cooperate with the ICC because this is the only chance we have to attain justice,” she said.
While Duterte has taken full responsibility for the drug war, he has maintained that he would never be tried in an international court. He has said that there are 3 million drug addicts in the Philippines, adding: “I’d be happy to slaughter them.”
Six years ago, he ordered the withdrawal of the Philippines from the ICC, which declined to comment on its inquiry into Duterte. It remains unclear whether the Philippines government would force Duterte to surrender if he faced an ICC warrant. The court cannot try defendants in absentia.
Duterte’s successor, President Ferdinand Marcos Jr., has seemed at times to backtrack from an earlier pledge of shielding him from an international inquiry. In December, Marcos’ government allowed ICC officials investigating Duterte to enter the Philippines to pursue their work, according to an official familiar with the proceedings.
Among the cases the ICC is expected to follow is another complaint against the police in Caloocan, north of Manila. Less than three months after Duterte was inaugurated in 2016, a group of police officers barged into Mary Ann Domingo’s tiny apartment and ushered most of the family out.
The last time she saw her partner, Luis Bonifacio, alive, he was kneeling on the floor with his arms raised. Her son Gabriel, 19, stayed inside to plead for his father’s life and was also shot dead. Later, Domingo saw their bodies at the hospital.
Since 2017, she has pursued a complaint against the officers with the national ombudsman.
On June 18, a judge ruled that the four police officers who participated in the operation were guilty of homicide.
The court noted the findings of a forensic pathologist who had examined the remains of the Bonifacios. The pathologist, Dr. Raquel Fortun, told the court that she had found multiple gunshot wounds.
When the verdict was read, Domingo wept on the shoulder of one of her sons. Standing beside her were the four officers, who looked down at the floor.
“I am thankful to the judge because finally I feel there can be justice,” Domingo said after the ruling. But she added: “The ICC is still needed because we need justice for every victim of the drug war.”
In the background are tensions between Duterte and Marcos. The current president rose to power after making an alliance with Duterte’s daughter Sara. But in the months since, things have changed. This month, Sara Duterte resigned from her post as education secretary in Marcos’ Cabinet. Marcos and his allies, the Dutertes contend without evidence, want the president to extend his grip on power by amending the constitution. The two men have each traded barbs about the other using drugs.
Duterte burnished his law-and-order credentials as the mayor of Davao, a city in the south where hundreds are thought to have been killed by gunmen linked to authorities, acts that the ICC is also investigating.
Within days of Duterte’s becoming president, people like Vincent Go, a freelance news photographer, detected a change. Go, who worked nights in the Manila region, was getting notified of 10 to 20 crime scenes a night, an astronomical increase in violence. Go kept seeing the same kind of settings: dead-end alleys, often with no security cameras or witnesses. Rusty guns were frequently left next to the bodies.
The government’s narrative for such cases was almost always the same: Facing arrest, suspected drug users fought back, and officers had to shoot in self-defense.
Go ended up documenting more than 900 crime scenes during Duterte’s presidency. He shared photographs of corpses with handcuff marks and others with multiple gunshot wounds. Pointing to one, he said, “He was shot five times in the head.”
“How does somebody who fights back get shot five times in the head?” Go said.
Fortun has examined 109 bodies exhumed at the behest of a Catholic priest, the Rev. Flaviano Villanueva, and victims’ families. She said she had repeatedly seen multiple shots in the head and the torso.
“In other words, they were shot to be killed,” said Fortun, the only pathologist in the Philippines who has examined the remains of those killed during the drug war.
Tens of thousands were arrested on drug charges during Duterte’s campaign. He had promised to go after kingpins and other high-level dealers. But among the dead, rights groups say, were many poor and working-class men and boys.
The Duterte camp has reiterated that the ICC lacks jurisdiction in the Philippines because the prosecutor conducted its investigation only after Duterte, in 2019, withdrew his country from the treaty that established the court. Marcos’ views are unclear: In November, he said that he was considering joining the court, but in March, he reiterated that the ICC had no jurisdiction over his country.
“The remedy for alleged victims is to file their complaints before Philippine courts,” said Duterte’s former spokesperson, Harry Roque.
On a recent Thursday, Fortun was trying to piece together what could have happened to Jay-Ar Jumola, a 21-year-old construction worker killed by unidentified men in an alleyway in the city of Navotas in June 2019.
Pointing to a hole in Jumola’s skull, she said: “That is suspicious of an entrance wound. Another thing that catches my eye is this staining, the green stain of the inner surface of the skull. It suggests oxidation from something metallic.”
Go, the photographer, covered Jumola’s death and tracked down a witness, who told him that Jumola was on his knees when he was shot.
“He saw the blood gushing out, and how Jay-Ar was begging for his life,” Go said. “And the police didn’t care and just shot him.”