Allegations of reprisals against the Commission on Human Rights of the Philippines (PHL 12/2017) were included in the 2018 report of the Secretary-General (A/HRC/39/41, paras. 61–62 and Annex I, paras. 84–85). As of May 2019, it was reported that members of the Commission continue to be under surveillance by State agents and threats have been made against their lives and security, amid calls for their resignation. Chairperson Mr. Chito Gascon has been particularly targeted as head of the Commission, with a State agent reportedly assigned to follow his movements. Mr. Gascon was also reportedly under surveillance during a side event at the Human Rights Council in March 2019. 80. Regarding the former Chair of the Commission, Ms. Leila M. de Lima, on 24 August 2018 the Working Group on Arbitrary Detention adopted an opinion 148 which highlights, among other things, that the detention is deemed arbitrary (para. 61 and 67) and recommends that Ms. De Lima be released immediately, afforded compensation (para. 81), and that her detention be investigated (para. 82). Ms. de Lima has been in prison since February 2018 on allegations of drug-related charges, deemed “politically motivated” by several special procedures mandate holders (PHL 5/2017; A/HRC/40/60/Add.1, para. 403; A/HRC/40/52, para. 58).

On 21 June 2019, the Government responded to the allegations. Regarding the situation of the Commission on Human Rights, the Government stated that contrary to the allegations of reprisals, it has further cultivated enabling conditions and environment for the work of the Commission with the unprecedented increase of its 2017 budget by over 60% from its regular budget. With reference to the statement by the Presidential spokesperson, the Government indicated that it exercises full rights to legitimately respond to public statements by other actors and that labelling Government’s statements as acts of reprisals and intimidation is a curtailment of the role of State actors in any democratic process. Regarding the case of Senator de Lima, the Government provided detailed information on the legal proceedings and the status of the ongoing cases against her, indicating that it is improper to intervene with regard to her detention and prosecution in light of concerns for the independence and impartiality of the judicial process.

Alleged reprisals in the form of surveillance, public stigmatization and calls for resignation of the current Chair and staff of the Commission on Human Rights of the Philippines (PHL 12/2017), and the arbitrary detention of its former Chair, were included in the 2019 (A/HRC/42/30, Annex II paras. 79–80) and 2018 reports of the Secretary- General (A/HRC/39/41, paras. 61–62 and Annex I, paras. 84–85). In particular, the High Commissioner in her July 2019 report (A/HRC/44/22, para. 58) noted that former Chair and Senator, Ms. Leila de Lima, arbitrarily detained for three years, is among the women officials critical of Government policy who faced reprisals. 64 99. During the reporting period, OHCHR received information that the Commission continued to be the target of threats, intimidation and public questioning, given its support to, and engagement with, the UN. When the Human Rights Council voted in favour of the resolution on the human rights situation in the Philippines in July 2019 (A/HRC/RES/41/2), newspaper articles reportedly condemned statements by the Commission which had advocated for the implementation of the resolution and had called for the Government to cooperate with OHCHR. In November 2019, during the Senate’s public deliberations on the Commission’s proposed 2020 budget, legislators accused the Commission of favouring criminals. The Senate President reportedly raised questions concerning international organizations with which the Commission had engaged, and requested the list of such organizations to be submitted to the Senate.

102. On 23 July 2020, the Government responded in detail to the note verbale in connection to the present report. The Government stressed that the Commission on Human Rights enjoys its continued support and that its budget has even increased. Views expressed during the Senate’s budget debate should not be considered as reprisals, as they are part of free political debate. The reply did not provide new details about the situation of detained former Chair and Senator Ms. Leila de Lima.

107. According to information received by OHCHR, during the reporting period, the Commission on Human Rights of the Philippines and its staff continued to receive threats and were subjected to intimidation and “red-tagging” for their engagement with the UN (see also Annex I). Alleged reprisals in the form of surveillance, public vilification and calls for resignation of the current Chairperson, Mr. Jose Luis Martin (Chito) Gascon, and other staff of the Commission on Human Rights of the Philippines (PHL 12/2017), and the arbitrary detention of its former Chair and Senator Ms. Leila De Lima were included in the 2020, 2019 and 2018 reports of the Secretary-General215 in relation to their cooperation with the UN. On 24 February 2021, special procedures mandate holders reiterated their call for the immediate release of Ms. De Lima. While they welcomed her acquittal on one of three charges, they noted with concern that she still faces two other charges and has been in pre- trial detention since 2017.216

150. The case of Ms. Leila de Lima, former Chair of the Commission on Human Rights and Senator, was included in the 2018 report157 of the Secretary-General on allegations of defamatory and intimidating public statements directed at the Commission, its members and its Chair Mr. Chito Gascon (PHL 12/2017) due to their work and their cooperation with the United Nations. Ms. Leila M. de Lima was imprisoned in February 2018 on allegations of drug-related charges that were deemed “politically motivated” (PHL 5/2017158).
151. On 17 November 2023, mandate holders publicly welcomed the release on bail of Ms. de Lima from prison after nearly seven years.159 According to information received by OHCHR, Ms. De Lima was acquitted in two of the three drug-related cases in February 2021 and May 2023. Her motion to dismiss the last case, where she is out on bail, is expected to be resolved on 27 May 2024.153. Regarding the case of Ms. Leila de Lima the Government noted that, on 24 June 2024, the Quezon City Regional Trial Court Branch 76 also cleared Ms. Leila de Lima of her two disobedience cases adding that the resolution of all criminal cases against Ms. Leila de Lima proved that she has been accorded the right to due process. The Government added that the Court had not found that the criminal cases were without merit or politically motivated, butrather that the prosecution had been unable to prove the defendant’s guilt beyond reasonable doubt.