ICC to conduct prelim examination vs anti-drug war of the Duterte admin

admin   •   February 8, 2018   •   3026


MANILA, Philippines — The International Criminal Court (ICC) will start its collection and verification of information on the communication filed by the camp of self-confessed hitman Edgar Matobato through his legal counsel Atty. Jude Sabio.

To be examined, in particular, is the crime against humanity because of the anti-drug war of the Duterte administration which resulted in the high drug-related killings.

This is confirmed by Presidential Spokesperson Secretary Harry Roque but he reiterated that this will just be a preliminary examination to determine if there is a basis for the ICC to conduct a formal investigation on the allegations against President Rodrigo Duterte.

“We note that this is only a preliminary investigation. The office of the prosecutor is merely exercising his mandate to determine whether there is a reasonable basis to proceed with an investigation,” said Roque.

The Philippine Embassy in The Hague, Netherlands where the ICC is based, will communicate to the court that the anti-drug war of the government is a sovereign act of the Philippines and the courts in the country have the capacity to investigate on complaints against the anti-drug war.

If required, Philippine authorities are ready to submit to ICC the information necessary about the anti-drug war.

Roque believes that the opposition is behind this to embarrass the chief executive.

“Obviously, there’s been concerted public relations initiative against the president probably to coincide with February,” said the presidential spokesperson.

Though Malacañang is confident that the process in ICC will not advance to the preliminary investigation, Roque said that President Duterte is ready to defend himself.

“We view, of course, this decision of prosecutor as a waste of the court’s time and resources. Again as a matter of consent, the president said if need be, he will argue his case personally before the International Criminal Court,” said Roque.

Meanwhile, Atty. Sabio and Senator Antonio Trillanes IV both welcome the report and look forward to the investigation on the war on drugs, to obtain justice and to have President Duterte arrested eventually.

However, Malacanang insisted that the ICC has no capacity to order the arrest of a chief executive.

Such was what happened to the case of Sudanese president, Omar Hassan Ahmad al-Bashir because it requires state cooperation. — Rosalie Coz | UNTV News and Rescue

 

Complainants ready to support ICC on probe vs. Duterte war on drugs

Marje Pelayo   •   June 16, 2021

MANILA, Philippines — Complainants in the Philippines’ drug war issue said there won’t be any problem even if the administration of President Rodrigo Duterte won’t cooperate in the investigation that was sought by former International Criminal Court Prosecutor (ICC) Fatou Bensouda.

According to Atty. Kristina Conti of the National Union of People’s Lawyers (NUPL) who stands as one of the legal counsels of the complainants, they are more than willing to support the investigation by providing witnesses and pieces of evidence.

“Kung usapin naman access doon sa witnesses doon sa mga dokumento na hindi makapasok sa PIlipinas, pwede naman kami gumawa ng paraan na kami yung mga witnesses yung lalabas ng bansa,” Conti said.

She said that although officials of the Duterte government have the right to remain silent about the issue, the complainants have the right to access evidence under the Freedom of Information Law, especially if the killings involved their loved ones.

They believe justice will be served as culprits in the crime will soon be put behind bars.

“Hindi kami sasalalay doon sa kung ano ang sasabihin nila. Hindi kami sasalalay kung ano ang aaminin nila. Sasalalay kami doon sa lakas namin. The strength of the prosecution will rely kung ano yung aming ebidensya,” the lawyer added.

Atty. Neri Colmenares who also stands as one of the legal counsels of the complainants expressed confidence that the case will yield positive results in their favor.

“We are very confident na magawa and of course hopefully ang bagong presidente sa 2022 will not protect President Duterte lalo na kung wala na siya sa pwesto,” he said.

The NUPL said they expected the administration’s refusal to cooperate in the probe which was obvious when the national government decided to withdraw from the ICC sometime in 2019 when attempts to investigate the so-called extrajudicial killings in the Philippines surfaced.

“Alam ito ni Secretary Roque bilang familiar siya sa ICC. States have the responsibility to fulfill their duties even after they have left the ICC kasi itong imbestigasyon na ito ay nasimulan noong miyembro pa tayo hindi pwedeng aalis na lang tayo tapos bahala na,” Conti argued.

The group is asking President Duterte that, for the sake of fairness, if the Chief Executive chooses to keep mum on the issue, he should at least allow the investigation and provide protection to the complainants and the witnesses.  MNP (with reports from Dante Amento)

Duterte gov’t finds ICC prosecutor’s call to probe Philippines’ war on drugs ‘regrettable’

Marje Pelayo   •   June 15, 2021

MANILA, Philippines — The outgoing prosecutor of the International Criminal Court (ICC) Fatou Bensouda has sought permission to open a full investigation into the Philippines’ drug war under President Rodrigo Duterte.

The official argued that there is a basis to believe the government’s war on drugs has committed ‘the crime against humanity of murder’ which she claimed had killed thousands of people, including innocent children.

Just in time for her last day in office as ICC prosecutor on Tuesday (June 15), Bensouda argued “that there is a reasonable basis to believe that the Crime Against Humanity of murder was committed” in the Philippines between July 1, 2016 and March 16, 2019, based on a that a preliminary probe that began in February 2018.

That same period was when Duterte ordered the withdrawal of the Philippines from the ICC.

In response, the Department of Foreign Affairs (DFA) on Tuesday issued a statement saying that the Philippine government finds Bensouda’s announcement “regrettable”.

The statement underscored that the Inter-Agency Review Panel headed by the Secretary of Justice is still conducting reinvestigation on cases involving fatalities in the campaign against illegal drugs, and that the Panel should be allowed to finish such work.

“The International Criminal Court is a court of last resort. The States Parties to the Rome Statute envisioned a court with a complementary, not primary, jurisdiction for the prosecution of the persons most responsible for the most serious crimes of international concern,” the statement added.

“The Rome Statute requires the Court and the Office of the Prosecutor to respect and defer to the primary criminal jurisdiction of the concerned State Party, while proceedings are ongoing in the latter. The precipitate move of the Prosecutor is a blatant violation of the principle of complementarity, which is a bedrock principle of the Rome Statute,” it further said.

The department also said enumerated what it called concrete and progressive steps the Deterte administration has taken to address concerns in the conduct of the anti-illegal drugs campaign. It added that the government has recently finalized with the UN a Joint Program on Human Rights.

All these, the department said, “affirm the Philippines’ adherence to human rights norms and its long track record of constructive engagement with international and regional partners in human rights promotion and protection.”

“The midnight announcement by the current Prosecutor on the eve of her end of term also preempts the prerogative of her successor to make a full evaluation of the cases that he will prosecute. By her act, the outgoing Prosecutor likewise undercuts the attractiveness of the Rome Statute to States that may be considering accession,” the DFA said.

Duterte gov’t says ICC probe on PH drug war ‘legally erroneous, politically-motivated’

Robie de Guzman   •   June 15, 2021

 

MANILA, Philippines – President Rodrigo Duterte will never cooperate with any possible investigation by the International Criminal Court (ICC) into the alleged killings attributed to his administration’s war against drugs, Malacañang said on Tuesday.

Presidential Spokesperson Harry Roque said the ICC’s decision to move forward into a formal investigation is “legally erroneous” and “politically-motivated.”

“Hinding-hindi magko-cooperate ang Presidente hanggang matapos ng kanyang termino sa June 30, 2022,” he said in a press briefing.

“Hindi po natin alam kung ano ang magiging polisiya after 2022. ‘Yan po ay bibigyan ng kasagutan kung sino man ang susunod na president ng Pilipinas.

Roque issued the statement after outgoing ICC chief prosecutor Fatou Bensouda said Monday she has asked the court for authorization to formally conduct a full investigation into the Philippines’ drug war.

Bensouda said there is a reasonable basis to believe that murder has been committed in the Philippines between July 1, 2016 and March 16, 2019 in the context of the state policy.

But Roque, a lawyer and the only Filipino member of the ICC’s list of counsels, said the decision to conduct formal investigation is “legally erroneous because in the first place, the ICC has no jurisdiction over the subject matter of crimes against humanity as alleged in her information against President Rodrigo Roa Duterte.”

He also said that the police did not systematically attack civilians in the drug war as the killings during the campaign were “coincidental or collateral damage either because the policeman had the right to defend to himself using reasonable force or they were in fact the subject of an attack and therefore justified by the principle of necessity and proportionality.”

The presidential spokesman also said that the case, even for purposes of formal investigation, is “barred by the principle of complementarity” and the investigation is “not pursuant or in aid of substantial justice.”

“Ang sinasabi po ng prinsipyo ng complementarity, the ICC will not exercise jurisdiction unless the member-state is unable or unwilling to prosecute,” he explained.

“Kapag sinabi pong unable, ibig sabihin, walang estado, walang hukuman, walang pulis na gumagana, it is a failed state. Ang unwilling po is when you have legislation according impunity to an individual, wala po tayong ganyan sa Pilipinas,” he added.

He also underscored that cases in the course of a police operation are being investigated and that the country does not need foreigners to probe the incidents because the Philippines’ legal system still works.

“Hindi po natin kinakailangan ang mga dayuhang mag-iimbestiga ng mga patayan sa drug war dahil gumagana po ang sistemang ligal sa Pilipinas. Mayroong mga piskal at hukumang nagparusa na,” Roque said.

The Palace official also believes that the complaint was politically motivated as it was filed by someone who now wants to seek a higher position in the next elections. He did not mention any names but former Senator Antonio Trillanes was believed to be behind the move.

He also claimed that Bensouda made the decision as she supposedly wants to deflect criticism that only investigates cases involving Africa.

“Politika rin ang dahilan kung bakit si Prosecutor Bensouda ay nagsampa dahil ang puna sa kanya ang kinakasuhan lang ninya ay mga kapwa Aprikano niya. Kinakailangan niyang magkaso ng hindi Aprikano, para patunayan na kaya lang niyang magsampa sa mga kapwa Aprikano niya,” Roque said.

Under ICC statute, a prosecutor must seek authorization from the pre-trial chamber if there is a reasonable basis to proceed with an investigation.

In March 2019, the Philippines effectively withdrew from the Rome Statute after Duterte cancelled the country’s membership of the ICC’s founding treaty.

Under the ICC’s withdrawal mechanism, the court retains jurisdiction over crimes committed during the membership period of a state.

The ICC’s preliminary examination on the situation in the Philippines started in February 2018, covering the period of Duterte’s first day in office in July 2016 up to the time of the country’s withdrawal form the Rome Statute.

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