Drugs, justice, science: Unveiling the stories of EJK victims through forensic sciences

More than 20,000 victims were listed as the total count of the extrajudicial killings (EJK) that rose due to former President Rodrigo Duterte's war on drugs campaign that resulted in a bloodshed and demise of suspected addicts and even innocents.  

On February 10, the International Criminal Court (ICC) issued an arrest warrant against Duterte following his return from a visit in Hongkong. He was detained later on in The Hague, Netherlands the next day for committing crimes against humanity. 

But amid the sea of unresolved EJK cases, could forensic pathology finally offer justice that has long eluded the victims and their families?

The loved ones of those souls who succumbed to the war on drugs campaign still strive to fight for justice. Most — if not all of the EJK victims' — or those who have been killed from questionable police operations or vigilantes, regardless of age, yet with economic status afloat — cause of deaths have not been completely identified, and oftentimes have cases that are not investigated properly. However, with forensic science stepping in, justice is starting to come for those who truly need the answers they keep searching for.

What really happened? Why did they die? These are just some of the questions forensic pathology seeks to answer. By thoroughly examining the bodies and bones of the deceased, more details arise about them, enlightening their relatives and also puts the deceased in a better place that even the autopsies cannot provide. Because of the field’s contributions to uncovering the truth behind Duterte’s bloody drug war, it has become a crucial instrument in the ICC’s case against him.

Police reports are expected to help, but most of the time it only revolves around mentioning guns, drugs, and supposed “resistance” from the victim, leaving more questions than answers to the families.

The fight for justice is still a long way for most of the EJK victims. Despite the progress enabled by forensic pathology in the Philippines, countless cases remain unsolved. The deaths of Marcelino Acosta and Myca Ulpina are among those investigated by Dr. Raquel Fortun, one of only two forensic pathologists in the country.

Souls thorned with injustice and privilege

Marcelino Acosta, one of the children who once picked up grains of rice from the streets, had little information surrounding his death. He and his friends, Justin and JJ, struggled daily to survive in poverty-stricken neighborhoods. As per Justin, “kung wala kang pera, wala kang pagkain.”

His death was linked to drug use according to reports. JJ claimed it was a case of mistaken identity by the police. With the lack of detailed information and the absence of a proper investigation, the case went unresolved. Justin further emphasized that their impoverished status prevented them from seeking justice.

When the case was reinvestigated, only a spot report from the precinct was retrieved because of the reassignment of the authorities in-charge at that time. The police report stated that a wallet with transparent sachets of — what is believed to be — shabu was found alongside his dead body. Autopsy findings also state that Marcelino was stabbed on the back, neck, and hands. Along with Dr. Fortun’s findings, too much violence was said to count as a factor of his cause of death, but even that did not have enough details as of date. 

A similar tragedy befell Myca Ulpina, a three-year-old girl remembered as one of the youngest victims of Duterte’s war on drugs. On June 29, 2019, her home was left stained with blood, from the first floor to the spot where she slept. Just like Marcelino, Myca’s death remains unresolved.

According to the Philippine National Police (PNP), the operation targeted her father, Renato Ulpina, alyas “Kato,” who was said to be dealing with drugs. When the gunshots were fired, Kato died alongside one policeman, and Myca herself that apparently became a “human shield” for her father. But according to her mother, this was never the case.

Her testimonies state that there was no warrant of arrest issued when the police forcefully barged inside their house to “investigate” under the guise of a buy bust operation. As she was there to witness the killings unfold, she found PNP’s report unacceptable. But it was also unclear to her whether the firing was intentional or not, as one of the reasons may involve the police “already wanting to finish the mission assigned to them.”

This is where Dr. Fortun’s findings come in. Upon investigating the crime scene and examining Myca’s corpse, she discovered existing signs of forcible entry, which question the consistency of the testimonies shared by Myca’s mother and the police. A more detailed autopsy report also showed that there is a big chance that this case involved indiscriminate firing and that the victim was shot on the left foot. Bullets and gunshots rained on the rooftop, which led to the child’s death. This case eventually leads to the possible question of “how did she get shot on the foot?”

Despite the uncertainties, Myca’s mother filed a complaint against the police officers in-charge to the Office of the Ombudsman, and at the same time, a case by PNP was also filed. Unfortunately, both were dismissed for two reasons: Myca’s case was already investigated by the PNP prior to the filing of these cases, and that her mother was redirected to raising the complaint to the PNP and the Department of the Interior and Local Government (DILG).

Marcelino and Myca’s death  might just be among the countless cases of EJK during Duterte’s drug war, but the fact that there has been little to no information and improper investigation about their corpses already speaks about the Philippines’ flawed justice system — the cries of those who are not privileged enough are constantly ignored by the government, along with the unnecessary bureaucracy that comes with it. Even then, there have been forensic pathologists in the Philippines like Dr. Fortun who pushes for the truth when it comes to the drug war victims.

Forensic pathology, though underrepresented in the Philippines, is crucial in determining causes of non-natural deaths in the context of Duterte’s ICC arrest, it also helps resolve the cases of EJK victims in a way that the actual cause of death of the victim is unveiled, despite having little to no information presented to forensic pathologists. Unfortunately, there are only two licensed professionals in this field as of today, with one of them being Dr. Raquel Fortun.

Being trained in the United States, Dr. Fortun brings pride to the Philippine forensic sciences as the country’s first Filipina forensic pathologist. Her experience has shed new light on the Philippines’ justice system, with thorough knowledge and criticisms regarding how autopsy cases are often handled during police investigations.

As Dr. Fortun applies science to examine the corpses, one of the key issues she highlighted in her criticisms is the lack of appropriate information and documentation necessary for most investigations. Because of this, authorities tend to be more reliant on the resources that they have and what was “confiscated” in the crime scenes. In worse cases, authorities are not even legally obligated to conduct autopsies on deceased individuals. Contrary to what the PNP is also showing to the public, and despite having complete facilities and equipment. Dr. Fortun also critiques the low standards given by the current state of the country’s forensic sciences because of these factors.

“Ano ba talaga ang nangyari? [...] Paano naman ang patay? This is where science comes in,”  the forensic pathologist answered when asked why this field is important during an interview from The Atom Araullo Specials episode titled Mga Boses Mula sa Hukay.

Remarkably, Dr. Fortun has examined more than 100 corpses while offering her services completely free of charge — a voluntary act of service to the Filipino people, particularly the families of EJK victims. Her findings provide vital evidence for those seeking justice, offering families the opportunity to pursue legal cases with factual support.

 Justice may have been a harder pursuit during the past few years, but with the combined efforts of Dr. Fortun and the cries of the EJK victims, hope slowly begins to unravel to those who truly deserve it.

Separately, these three words can be contextualized into different crimes. However, for Marcelino, Myca, their families, and more than 20,000 EJK victims, these words are tainted by the harsh realities of privilege and corruption. Their cries were silenced, dismissed under the claim of “resistance,” despite the fact that there was little information and appropriate documents visible for transparency. 

But in the sea of numerous unsolved EJK cases, the Philippines might move one step behind once again in attaining justice for the victims of the bloody drug war and their families, should the time comes that Dr. Fortun will finally retire in the field.

Albeit hoping for a bright future for the country’s justice system, even honing the existence of forensic science programs will take a longer way than expected — given that she is one of the only two licensed forensic pathologists in the country.