Raids in gay/bi/trans venues

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UPDATE (9/2/09): Six of those who were arrested last Friday were only released today, five days after they were detained. The Head Prosecutor reversed the decision of the Fiscal finding probable cause in the complaint filed by the police.

Alta theater in Cubao was raided again last Thursday by the police and was subsequently closed down by the Mayor. Last night, another establishment catering to gay/bi/trans clients was also raided. We had to be in a police precinct till 3 AM this morning, and come back again late, and wait for hours till formal charges were filed late in the afternoon – all in the name of an ordinance that imposes a maximum fine of P200 per violator.

Too much hassle, right? Those who were arrested are still being held by the police. They have been detained for more than 12 hours before the arresting officers arrived and confirmed that formal charges would be filed. The police dragged its feet, timed the filing of the complaint just when the weekend court is about to close. The prosecutor said that with no court open, there can be no arraignment, and therefore the bail could not be granted. We have to wait for the court to open on Tuesday to secure the release of the arrested individuals. That’s more than 72 hours of jail time for an ordinance so important the violation of which could lead to maximum of P200 fine. (Unfortunately, I cannot give the other details because we are still securing an early release).

Let’s call a spade a spade. These raids are not done in the exercise of the rule of law. These are extortion activities, the kind of law enforcement that compromises the rule of law and erodes whatever trust we have on the government and our law enforcement agencies. Assuming that in some of these unjust raids certain violations of local laws or obscure national policies have been committed, the proportionality of police response betrays the motive behind the action – to extort. It’s easy money, and we know that law enforcement can be a lucrative profession. Everybody in the establishment earns – the police, the local or national officials, and sometimes even the mainstream media. (Read here a case background on a raid in Alta that shows how the interests of the police and the media converge)