DOJ: No automatic arrests for ‘drug war’ personalities

MANILA, Philippines — Subjects of the possible issuance of a red notice by the International Criminal Police Organization (Interpol) in relation to the International Criminal Court (ICC)’s probe into the Duterte administration’s bloody war on drugs will not be automatically arrested, according to the Department of Justice.

DOJ Underscretary Raul Vasquez said that while the Philippines has obligations to the Interpol, being a member-state, local courts can intervene and question the proceedings.

“The aspect of prosecution and investigation of the court to determine if the enforcement of the warrant or red notice is valid or not is part of the judicial process,” he said over Teleradyo Serbisyo yesterday.

“The parties involved can avail of our judicial processes,” he added.

A red notice is a request for law enforcement worldwide to locate and arrest a person pending his extradition, surrender or similar legal action, when a warrant or similar order has been ordered by a court in the requesting country.

According to the Interpol, member-states apply their own laws in deciding whether to arrest the subject of the notice.

Vasquez said the Philippine courts can step in during the Interpol proceedings if there are allegations of oppression, discrimination, political persecution or if due process has not been followed, saying the international organization’s processes can be “abused” by a requesting state.

“These are things that will have to be determined by the courts. Even if the Interpol issues a red notice and will come into the country, it does not mean that subjects of the notice will automatically be arrested,” he explained.

There have been rumors that the ICC might issue arrest warrants against former president Rodrigo Duterte and other personalities in the bloody drug war of the previous administration.

Justice Secretary Jesus Crispin Remulla earlier said that while the Philippines is no longer a member of the ICC and is not obliged to cooperate with its investigation, the country has obligations to the Interpol.

He said the ICC and the Interpol are “used to working together” and the international tribunal could bring in the Interpol in implementing the arrest warrants it will issue.

With this, the Philippines may not be able to block the Interpol from enforcing ICC warrants, but said this will have to be studied since there are repercussions if the Philippine government will block its activities in the country.

The DOJ has previously said it will not assist, but will not stop, the ICC from setting and holding interviews and similar proceedings with people in the Philippines related to its investigation.