Trial by any other court illegal, says rights agency

Prosecution under a revolutionary court is against the rule of law and may be considered to be extrajudicial, the Commission on Human Rights (CHR) said on Saturday.

Responding to President-elect Rodrigo Duterte’s statement that the New People’s Army (NPA) try a police officer it had captured, CHR Chair Chito Gascon said the right to due process provided for under the Constitution must be fulfilled within established legal proceedings.

Chief Insp. Arnold Olgachen was taken as a “prisoner of war” by the NPA who raided the police station in Governor Generoso town, Davao Oriental, on Sunday.

The NPA said it had received complaints the station chief was involved in the illegal drug trade.

Duterte first appealed for Olgachen’s release, but after supposedly hearing that a sachet of shabu was allegedly found on the police officer, Duterte said the rebels could proceed with his trial under its revolutionary court.

“According to our Bill of Rights, every citizen is entitled to due process and presumption of innocence. This must be fulfilled within the established legal processes. What the NPA is doing is outside the rule of law and may be considered extrajudicial,” Gascon told the Inquirer when sought for comment.

Also, the Philippine National Police wants its man back.

PNP spokesperson Chief Supt. Wilben Mayor said despite the NPA’s drug allegations against Olgachen and Duterte’s leaving him to the rebels’ justice system, “our primary concern is the life of a person, whoever he is, whether he’s PNP, Armed Forces or civilian.”

“That’s why we’re law enforcers,” Mayor added.

He said a search operation for Ongachen was going on.

The gun attack on the Governor Generoso police station also led to the wounding of at least one police officer.