ASEANEWS-COURTS & CRIME | MANILA: ICC prosecutor mum on Duterte arrest warrant

MANILA, Philippines — The Office of the Prosecutor of the International Criminal Court (ICC-OTP) neither confirmed nor denied reports that an arrest warrant has been issued against former president Rodrigo Duterte.

In a statement, the ICC-OTP yesterday said it “does not comment on ongoing investigations and has no comment on these reports.”

“Confidentiality is a crucial part of our work and is essential to protect the integrity of investigations and to ensure the safety and security of victims, witnesses and all those with whom the Office interacts,” it added.

The ICC prosecutor is currently investigating alleged crimes against humanity committed in the Philippines from Nov. 1, 2011 to March 16, 2019, when the country was a signatory to the Rome Statute, the treaty that created the international tribunal.

Aside from the Duterte administration’s bloody campaign against illegal drugs, the investigation also covered alleged killings conducted by the so-called Davao Death Squad when Duterte was either mayor or vice mayor of Davao City.

 

Over the weekend, rumors circulated that an arrest warrant has already been issued against Duterte after he flew to Hong Kong to campaign for PDP-Laban senatorial candidates.

The former president addressed the reports in his speech before overseas Filipinos, saying he is ready to face arrest if there is indeed a warrant against him.

ICC Assistant to Counsel Kristina Conti, one of the lawyers for the victims of the drug war, said it is only the ICC that can confirm if an arrest warrant was indeed issued or requested by the prosecutor.

“This process (issuance of a warrant) is truly confidential, but it may be unsealed or made public if it serves the greater good,” she said in Filipino.

“As lawyers of the victims, we are not in a position to confirm the request or issuance of a warrant against Duterte at this time. We are also awaiting the announcement from Karim Khan, the ICC prosecutor, regarding this matter,” she added.

In a separate interview with reporters on Monday, Conti said the warrant, if already issued, may be coursed through the International Police Organization or Interpol.

As of Monday afternoon, the Interpol has not issued a public red notice against Duterte.

According to the Interpol, a red notice “is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender or similar legal action.”

“Extracts of Red Notices are published at the request of the member-country concerned and where the public’s help may be needed to locate an individual or if the individual may pose a threat to public safety,” it added.

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‘Not so fast’

Should an arrest warrant be issued against Duterte, its implementation would not be immediate since the Philippines is no longer a member of ICC, Department of Justice (DOJ) spokesman Mico Clavano said.

“If we were still a member-state, the proper process would be to inform the Office of the President, the Department of Foreign Affairs (DFA) or the DOJ which handles law enforcement. But since we are no longer a member, they could go directly to the law enforcement agency, or they could directly go to a third-party country

that is still a member of the ICC,” Clavano explained.

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The DOJ spokesman explained that an arrest warrant would not be served immediately since it would have to go through the government’s National Central Bureau (NCB), composed of representatives from the Philippine National Police (PNP), National Bureau of Investigation (NBI) and the Bureau of Immigration (BI).

The NCB handles Interpol concerns, Clavano said.

“If ever there are instructions from the Interpol, and since we are signatory to this international agreement, we are bound to oblige and to respect that. So if ever there is a request (from the Interpol), it is the NCB that would process it and act on the request,” he added.

However, the Philippine government would not immediately act on the Interpol request since the NCB would have to review the supporting documents and determine if this is a “valid request.”

The period of evaluation would also depend on the number of submitted documents.

“And that is the only time it will be given due course and on that basis, the agencies would act on it,” he noted.

The DOJ could also step in and assist the NCB if it is a “national significance,” Clavano said.

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Legal challenge expected

In an interview with “Storycon” on One News, Conti said Duterte and other ICC respondents are expected to legally challenge the arrest warrants once issued.

“An act of the executive can be hindered, interrupted by an order or a decision of the Supreme Court, especially if there is TRO (temporary restraining order) or a preliminary injunction,” she said.

A legal challenge, she added, would compel the SC to tackle issues related to the case, such as the question of ICC’s jurisdiction.

However, it would be difficult for the respondents to reverse the high court’s earlier decision that the Philippines still has “residual or continuing obligations” despite its withdrawal from the treaty that established the ICC, Conti said.

Supporters cautioned

 

Among the scenarios the government is bracing for is the possibility of Duterte supporters causing unrest in case the former president gets arrested.

According to Palace press officer Claire Castro, the government “will prevent chaos and will do what is in accordance with the law.”

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She also urged Duterte’s supporters to refrain from unlawful acts.

“If it (arrest) happens, whoever the supporters are, listen to what the law says. Do not interfere if what you will do is against the law,” she said at a media briefing in Malacañang yesterday.

“The serving of a warrant of arrest is in line with the guidelines and with the rules of law. The people should not be stubborn and should not prevent it to avoid incidents similar to what happened during the arrest of Pastor (Apollo) Quiboloy,” she added.

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Asked to comment on Duterte’s statement in Hong Kong that he is clueless about what his sin was, Castro criticized the latter’s implementation of the war on drugs.

“That is not the right thing to do. There should be a due process. We have to give the suspect (or) any accused the right for this due process. We should not (cut short) the process. Why did he do that? He said (it would) fast-track the resolution of the problem. Isn’t that a sin?” she said.

Castro also does not believe that Duterte traveled to Hong Kong to escape justice.

“As of now, we are not thinking nor contemplating about the president evading the law. So maybe I could not answer as of the moment. It’s kind of hypothetical,” she said.

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PNP ready

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Meanwhile, the PNP maintained its readiness to assist the Interpol, noting that as one of its members, it is duty-bound to help the latter.

“We are prepared for any eventuality in case the Interpol requests help from us,” Brig. Gen. Jean Fajardo, concurrent PNP spokesperson and Central Luzon police director, said yesterday at a news briefing in Camp Crame.

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Fajardo clarified that the PNP has not received an arrest warrant from the ICC or any local court against the former president.

She also debunked reports that the PNP has deployed at least 7,000 police officers at the Davao International Airport to arrest Duterte, saying police presence in the area is part of a simulation exercise for the upcoming May 12 elections.

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‘Why fear arrest warrant?’

Commenting on the ICC arrest warrant rumors, Manila 3rd district Rep. Joel Chua, one of the prosecutors in the impeachment trial of Vice President Sara Duterte, said she and the older Duterte have nothing to be afraid of at the moment.

“An arrest warrant is not equivalent to a guilty verdict. The former president and the VP know that. In fact, it is an opportunity for them to face the ICC and defend themselves; they’re both lawyers anyway,” Chua, who is also the House committee on good government and public accountability chair, said.

Chua also warned that the Dutertes might use the ICC issue to further delay the VP’s impeachment trial.

“We’ll see. That is our apprehension and our anticipation because even before this ICC issue cropped up, they have already been making legal maneuverings left and right. How much more if this ICC warrant is indeed true? Then they can come up with more excuses,” he added.

Further, the lawmaker also questioned the timing of the Dutertes’ trip to Hong Kong over the weekend, claiming that the attendees at the Southorn Stadium event were not OFWs.

“It was a set up program with KOJC (Kingdom of Jesus Christ) as their captured audience, and not OFWs,” he said.

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For his part, Senate Minority Leader Aquilino Pimentel III expressed confidence that the older Duterte will not evade authorities in case he is formally charged.

“Former president Duterte has proven that he is a brave person. I am sure he will face any and all arrest warrants issued against him and fight these in the legal arena,” he said.

Meanwhile former senator Antonio Trillanes IV, arch critic of the former president, and the National Union of Peoples’ Lawyers (NUPL) both declined to comment on the rumored arrest warrant issuance.

Labor coalition NAGKAISA stressed that the ex-president must not escape justice for his brutal war on drugs, while militant group Bagong Alyansang Makabayan said President Marcos will be to blame if, for some reason, Duterte evades arrest. — Evelyn Macairan, Emmanuel Tupas, Alexis Romero, Delon Porcalla, Cecille Suerte Felipe, Mark Ernest Villeza, Mayen Jaymalin

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