Landmark Decision: Philippine Court Grants Bail to Tireless Critic of Controversial War on Drugs After Lengthy Detention

Landmark Decision: Philippine Court Grants Bail to Tireless Critic of Controversial War on Drugs After Lengthy Detention

Philippine court grants bail to Leila De Lima, a prominent critic of ex-President Duterte's brutal war on drugs, after six years in police detention

Following over six years of being held in police custody, Leila De Lima, a prominent critic of ex-President Rodrigo Duterte's controversial "war on drugs," has been granted bail by a Philippine court. On Monday, Presiding Judge Hon. Gener M. Gito made the decision, to which De Lima expressed her intention to rebuild her life that she believes has been targeted for destruction.

She exited the courtroom accompanied by a police escort, while people cheered "Free Leila Now." The bail conditions, amounting to around $5,300 (300,000 Philippine pesos), were established, and her legal team is anticipated to submit the necessary paperwork later in the evening on Monday.

De Lima has been cleared of two out of the three charges brought against her, all arising from Duterte's allegations that she accepted bribes from convicted drug syndicates to support her 2016 senatorial campaign.

De Lima's detention has been extensively criticized by organizations such as the United Nations High Commissioner for Human Rights, Amnesty International, and Human Rights Watch. They have labeled it as "arbitrary" and are vehemently demanding her immediate release. Activists advocating for human rights have also criticized the prolonged and unjustified detention of De Lima, highlighting the fact that she has been held in a police cell since February 2017 without being convicted of any charges.

Her treatment serves as a symbol of the declining state of rights in a country where political activists and the media regularly encounter threats, harassment, and even death while trying to hold those in power accountable. The court proceedings against de Lima have been characterized by unwarranted delays, including the absence of prosecution witnesses and alterations in the judges presiding over her cases.

Landmark Decision: Philippine Court Grants Bail to Tireless Critic of Controversial War on Drugs After Lengthy Detention

Supporters of Leila de Lima have long called for her release as crowds gathered in a recent a hearing in Muntinlupa, Philippines, June 5, 2023.

Eloisa Lopez/Reuters

With her long-awaited temporary release, De Lima said she will be prioritizing spending quality time with her family, especially with her mother who is now 91 years old.

"She is waiting for me. I must be by her side. She has waited for me all these years," stated De Lima. Amnesty International expressed in a statement on Monday that De Lima's bail "should result in the dismissal of the final unfounded accusation against her."

"The court's approval of Leila de Lima's request for bail is a positive development. Granting her temporary freedom is a crucial step towards achieving justice for Leila. It should start with dropping this latest charge against her," stated Butch Olano, the section director of Amnesty International Philippines.

"Leila has faced unwarranted persecution from the government due to her outspoken criticism of the ruthless war on drugs and other human rights abuses. She should never have spent even a single day in custody. This remaining drug case against her must be swiftly dismissed, and those responsible for her arbitrary detention and other human rights violations should be held accountable," Olano further emphasized.

Leading the fight against the “war on drugs”

Duterte and De Lima had been facing off for years, dating all the way back to his long reign as mayor of Davao City in the southern Philippine region of Mindanao.

In 2009, De Lima initiated an inquiry into the suspected activities of the Davao Death Squad, a group that was allegedly engaged in the widespread and daylight killings of street children and others. This information was cited in a report by Philip Alston, a United Nations Special Rapporteur on extrajudicial, summary, or arbitrary executions.

During the investigation, which was led by De Lima in her capacity as the Chair of the Commission on Human Rights, a mass grave containing human remains was discovered near a quarry. Additionally, numerous deaths were attributed to members of the Davao Death Squad, with at least two hired killers publicly implicating Duterte in the ordering of these killings.

After completing her term as Secretary of Justice, De Lima was elected to the Senate in May 2016, coinciding with Duterte's presidential victory. Duterte, known for his hardline stance on crime, especially concerning illegal drugs, had previously confessed to executing drug suspects while serving as mayor of Davao City. His administration actively carried out an extensive crackdown on suspected drug dealers and small-time sellers, utilizing a considerable network of police allies and vigilantes.

Between July 1, 2016, and May 31, 2022, over 6,000 individuals lost their lives as a result of anti-drug operations conducted during Dutertes highly contentious anti-drug campaign, as per police records. Independent observers suggest that the actual count of fatalities, predominantly concentrated in the country's most impoverished regions, could be considerably greater.

The streets of the Philippines witnessed a surge in murders when the war on drugs started. Local and international media showcased distressing images of alleged drug dealers lying dead in pools of blood, alongside accusations of their crimes. Frequently, the assailants managed to escape without being identified.

In addition to minors, innocent individuals unrelated to the drug business were often victims of these killings, as noted by the locals and human rights organizations. Duterte frequently targeted critics of his government, publicly mentioning them in kill lists or issuing warnings that they could meet a similar fate.

Police accounts of the suspected drug dealer's death frequently contradicted the evidence from CCTV footage and witness statements, as later reported by journalists and human rights activists.

Leveraging her position in the senate, De Lima vehemently criticized Duterte's anti-drug campaign and demanded an investigation into extrajudicial killings.

Duterte dismissed criticism of the killings and issued a stern warning to lawmakers, stating, "Beware, for when I promise to do something for my country, I will fulfill it at any cost, even if it means taking lives or sacrificing my own."

Despite facing increasing international condemnation and employing a polarizing leadership approach, Duterte maintained strong popularity domestically throughout his time in office. This can be attributed to his relentless pursuit in the war against drugs and his administration's aggressive actions against the independent press.

In January, the International Criminal Court expressed its intention to reinitiate its probe into potential "crimes against humanity" regarding Duterte's drug war. The court, situated in The Hague, had originally disclosed its investigation plans in February 2018 but halted them in November 2021 following Manila's request as it conducted its own assessment. Conversely, President Ferdinand Marcos Jr., who assumed office after Duterte, stated that his nation is now "severing ties" with the ICC, asserting that Manila does not acknowledge its jurisdiction concerning matters of national sovereignty.