De Lima’s prolonged detention: Guilty until proven innocent?

CHEERS TO some print and online media for expanding their reports on former senator Leila de Lima’s detention. The reports pointed out the “arbitrariness” of her prolonged incarceration, which violated her rights as an accused.

What’s the Story?

De Lima, former chair of the Commission on Human Rights and former justice secretary, has been facing corruption and illegal drugs charges that led to her detention at the police headquarters in Camp Crame.

De Lima was a staunch critic of the Duterte administration’s “war on drugs” and extrajudicial killings. She has been detained since 2017 for allegedly facilitating the illegal drug trade at the New Bilibid Prison while she was Justice Secretary. She was also separately accused of using drug money from the drug trade in Bilibid to fund her senatorial campaign in 2016. The witnesses who testified against her have since recanted their testimonies.

De Lima and human rights groups have denounced the charges as fabricated and politically motivated. Two of three cases concluded with her acquittal; but the Muntinlupa City Regional Trial Court Branch 256 denied her petition for bail on June 7. Earlier, former Supreme Court spokesperson Theodore Te suggested that de Lima file the same writ that granted Gigi Reyes, former chief of staff of Juan Ponce Enrile, also a former senator and now presidential legal adviser. Reyes gained her temporary freedom in January 2023. (See FAQ infographics below)

On July 6, state prosecutors requested Judge Abraham Joseph Alcantara to remove himself from hearing de Lima’s last drug case, because of issues of impartiality. Judge Romeo Buenaventura also recused himself from the case on June 15 after de Lima’s co-accused asked him to inhibit himself due to a conflict of interest. Since 2017, seven judges have recused themselves from the case, two of them opting for early retirement.

What the Stories Got Right

Media’s recent coverage on the ongoing legal battle provided enough context, interviewing law experts and nongovernment organizations to expand the discussion about de Lima’s six-year detention, altogether presenting the political context of de Lima’s case.

Rappler’s Jairo Bolledo explored in an in-depth report the relationship between de Lima, the Marcoses, and the Duterte-Arroyo alliance which might have put  “pressure” on her case.

Philippine Daily Inquirer’s Dempsey Reyes cited human rights monitors under the United Nations (UN) in emphasizing the “arbitrariness” of de Lima’s detention, noting that the former senator’s “personal beliefs and public statements” on the killings under the Duterte administration prompted her incarceration. 

ABS-CBN News Online recalled that in 2018, UN experts had concluded that de Lima’s detention was “arbitrary” due to lack of legal basis and that her right to a fair trial was “not respected.” 

Philstar.com cited human rights groups and minority lawmakers who stressed  that the court’s denial of bail “prolongs the injustice” and is a “blatant disregard for human rights and the rule of law.”

Why Is this Important?

Pretrial and arbitrary detention are serious human rights issues. In the case of de Lima, those are exacerbated by the fact that the administration of former President Rodrigo Duterte clearly used the power of the state to harass her, to vilify her, and to silence her. 

Reports have cited different legal experts who pointed out that no allegations against de Lima have been supported by evidence. They were based solely on testimonies of convicted drug offenders who later on recanted their statements, claiming they had been coerced. The delay in de Lima’s case and the denial of bail is “inexcusable,” these critics argued.

The case demonstrates the ease with which the judicial process can be politicized, raising questions about the independence of the judiciary as a branch of government and its separate powers. This fundamental weakness reduces the check-and-balance system that flags executive power and its abuse. If this injustice can be committed against a high-profile politician like Leila de Lima, then ordinary Filipinos can just as likely be victimized.