Leila de Lima: Understanding the Cost of Upholding Principles in the Philippines

To the desperate prisoner whose audacious jail break was falling apart—he had lost his two collaborators to a prison sniper and all exits were blocked—Leila de Lima, once a committed Philippine secretary of justice, appeared to be a valuable hostage. She was blindfolded, her hands and feet bound, as a shank pressed against her chest and demands were made. The captor instructed her to contact her connections and arrange for an SUV to be sent to the prison, as well as prepare a transport plane for a flight south.

There was a time when de Lima may have had the ability to fulfill or at least consider these demands. However, by October 2022, the former secretary had lost most of her influential friends and even her own freedom. Like her captor, she was now a prisoner.

After nearly an hour, the captor apologetically informed de Lima that he was about to end both their lives. In a final act before doing so, he requested water from a prison official. As the official handed over the glass, he shot and killed the captor. De Lima removed her blindfold, only to discover her legs covered in blood.

This traumatic episode was just one of many in de Lima’s years-long ordeal. As a political adversary of former President Rodrigo Duterte, she was arrested in 2017 on drug-related charges that seemed implausible and politically motivated to most observers. Now, six years later, the Philippines is under a new administration, but the government’s case against de Lima persists, serving as a symbol of the country’s descent into violent populism and autocracy during the Duterte years.

According to Fhilip Sawali, a lawyer and de Lima’s former chief of staff, de Lima’s case encapsulates “almost everything that went wrong in the Philippines in the last six years.” During this time, civic spaces shrank, legal processes were weaponized against critics, journalists, lawyers, and political opponents, and misogynistic attacks, such as slut-shaming, became prevalent. It signaled the erosion of democratic ideals in the Philippines.

Now that Duterte has left office, replaced by President Ferdinand “Bongbong” Marcos Jr., the eldest son of the late dictator Ferdinand Marcos, the Philippines seeks to restore ties with the United States and other democracies. Given the strategic interests, particularly in countering China’s influence, Washington has reasons to embrace the Philippines’ president, who is friendly towards the U.S.

During his recent visit to Washington, Marcos was treated to an extensive tour that included meetings at the Pentagon, the White House, and various think tanks. President Joe Biden expressed his confidence in Marcos as a partner in facing new challenges, a clear reference to China. However, the continued detention of a former secretary of justice in Manila remains a stain on Marcos’ record, resulting from actions taken during the Duterte era. American lawmakers from both parties have long advocated for de Lima’s release and reiterated their concerns to the Biden administration prior to Marcos’ visit, reminding them of the troubling human rights situation in the Philippines.

Last week, de Lima was acquitted of one of the two remaining drug charges against her. However, as long as one charge remains, she will remain detained at Camp Crame, the headquarters of the Philippine National Police in Quezon City. In response to questions about her case, her prison experiences, and the political situation in the Philippines, de Lima provided detailed written responses spanning 11 pages.

De Lima’s troubles trace back to 2008, before Duterte became president. Back then, she was an esteemed election lawyer who was appointed to chair the Commission on Human Rights by then-President Gloria Macapagal Arroyo. This appointment seemed like a promising match for de Lima, known for her strong principles.

One of the commission’s first investigations focused on the Davao Death Squad, a group that carried out routine killings in Davao City with impunity. Mayor Rodrigo Duterte, an authoritarian populist, claimed he was unable to stop their actions, which Australian human rights expert Philip Alston found untenable. Alston reported that Duterte had complete control over the city and could suppress various crimes. This investigation was a bold move considering the prevalent political violence in the country.

De Lima then became the Justice secretary in 2010 under President Benigno Aquino III. In this role, she led a raid on New Bilibid Prison that exposed criminal drug networks and revealed that high-profile inmates had luxurious cells equipped with illegal items such as karaoke machines, jacuzzis, and saunas. However, her actions also attracted controversy. In 2011, she prevented Macapagal Arroyo, who was being investigated for corruption and electoral fraud, from traveling abroad for medical treatment. This decision went against a ruling from the country’s supreme court and led to Macapagal Arroyo’s arrest. Eventually, the UN declared her prolonged detention illegal, and she was acquitted of corruption charges.

De Lima’s rise to the Senate was fueled by her time in the spotlight as Justice secretary. She was seen as a principled firebrand, uncorrupted by power. However, her election coincided with Duterte’s presidential victory, propelled by his promise to escalate the brutal vigilantism he had employed in Davao City nationwide. In a victory rally, Duterte even urged citizens to kill drug dealers without due process or the law.

Shortly after de Lima assumed office, members of Duterte’s inner circle warned her about criticizing the president’s war on drugs. They cautioned her that media criticism would be tolerated, but using her position to take further action would have severe consequences. Despite the warnings, de Lima pressed ahead. Reports of extrajudicial killings and summary executions, disproportionately affecting impoverished individuals and low-level drug dealers, continued to emerge. As head of the senate’s committee on justice and human rights, de Lima initiated an investigation.

Duterte reacted angrily to this move. In a prolonged diatribe, he accused de Lima of having an affair with her driver and her bodyguard, claiming that the latter accepted bribes from drug lords in New Bilibid Prison. These baseless accusations and bombastic insults were characteristic of Duterte’s style and charm. While others would retract or dismiss his outbursts, de Lima’s situation worsened.

On September 15, 2016, as part of her investigation, de Lima summoned a self-proclaimed hitman to testify before the senate. The hitman shared chilling and graphic details of his involvement in killings in Davao City and Duterte’s complicity. Although Duterte’s office denied the specific allegations, he himself has admitted to other murders or participation in them over the years.

Overall, de Lima’s story exemplifies the challenges the Philippines has faced in recent years. It highlights the erosion of democratic values, the weaponization of legal processes against critics, and the persistence of human rights abuses. As the country navigates its relationship with the United States in the post-Duterte era, it must address the stains of the past and seek justice for individuals like de Lima who have been deprived of their rights.

Reference

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