ICC looking into NUPL communication vs Duterte

MANILA, Philippines — The International Criminal Court has the started looking into the communication filed by the National Union of Peoples’ Lawyers alleging crimes against humanity in the government's campaign against illegal drugs.

The ICC, in a letter dated April 4, told the NUPL that it has received the communication filed by the Philippine group of lawyers on August 28, 2018.

READ: EJK victims’ kin sue Duterte before ICC

“It appears that your communication relates to a situation already under preliminary examination by the Office of the Prosecutor. Accordingly, your communication will be analyzed in this context, with the assistance of other related communications and other available information,” the letter signed by Mark Dillon, head of the Information and Evidence Unit of the Office of the Prosecutor, read.

ICC prosecutor Fatou Bensouda first announced that the her office is conducting a preliminary examination into allegations surrounding the Philippines' "war on drugs" in February 2018.

A month later, the Philippine government announced that it was withdrawing from the Rome Statute that created the ICC. The country's pullout became effective last month, but the ICC said that its preliminary examination into Duterte and his men continues.

The Duterte administration asserts ratification of the Rome Statute was never valid because it was not published in the Official Gazette or in a newspaper as required of laws but not of treaties.

READ: Philippines becomes second country to quit ICC | Withdrawal won't stop International Criminal Court's examination of Philippines

NUPL's communication to international court

Relatives of victims of extrajudicial killings on August last year filed a 50-page communication before the international tribunal last year.

The said letter brought before Bensouda's office communication from Irma Locasia, Dennise David, Maria Lozano, Mariel Sabangan, Normita Lopez and Purisima Dacumos, whose relatives were killed in police operations in 2016 and 2017.

The families, aided by the NUPL and Rise Up for Life and for Rights, accused Duterte of being “criminally responsible and liable” for murder “for the extrajudicial killings of thousands of Filipinos” and other inhumane acts “for causing great suffering to the victims and their families,” all punishable under the Rome Statute of the ICC.

Djastin's family to pursue ICC probe vs Duterte

Meanwhile, NUPL-National Capital Region said Friday that they would continue pressing their allegations against Duterte and his men in the ICC, over the case of 23-year-old Djastin Lopez who was killed an alleged "Tokhang" operation in May 2017.

Djastin's family scored a win at the Office of the Ombudsman as it ordered the dismissal from service and filing of murder charge against Police Staff Sgt. Gerry Geñalope who shot the Djastin.

But NUPL-NCR, counsel for the Lopez family, claimed that Geñalope could just be a fall guy. 

They asserted in a statement Friday that Police Captain Jojo Salanguit, who led the operation, and others who participated, “should be liable for these murders—and possible cover-up and ensuring of impunity.”

“Malacañang’s feigned support of the filing of charges against [Geñalope], possibly a fall guy, will be taken into consideration in all the investigations: of the Ombudsman’s Field Investigation Bureau, as well that of the International Criminal Court (ICC),” they added.

While the Ombudsman ordered Geñalope charged before a local court, it junked the complaint against Salanguit and other unidentified persons who allegedly participated in the operations.

The ombudsman, however, directed its Field Investigation Bureau to conduct a fact-finding investigation to determine the legitimacy of the May 18, 2017 operation and “what violations were committed, if any, and who are the personalities involved.”

The NUPL asserted: “Those present on the scene and had control and direction over the operation must be impleaded also as principals and/or part of a conspiracy.”

They added that “nanlaban” killings should be brought to courts. “Self-defense is a legal argument and police must convince the court, not just the public, that they were justified in their actions. Planting of evidence and whitewashing implicates everybody involved, including investigators and scene of the crime operatives,” the NUPL also said.

Ombudsman: Djastin was defenseless when killed

The Ombudsman, in its resolution, said that there is probable cause to believe that Geñalope committed murder.

"By invoking self-defense, Geñalope admitted inflicting the fatal injuries that caused the death of Djastin," the resolution read.

"It is basic that once an accused in a prosecution for murder or homicide admitted his infliction of the fatal injuries on the deceased, he assumed the burden to prove by clear, satisfactory and convincing evidence the justifying circumstance that would avoid his criminal liability," it added.

The resolution also noted that two witnesses testified that the cop pointed his gun at Djastin, who was pleading “Huwag po. Huwag po. (Please, don't. Please, don't)”

"Despite the pleas of Djastin, PO3 Geñalope pushed him, causing him to fall on the ground in a supine position," the Ombudsman said.

With the victim on the ground, Djastin was not in the position to defend himself, but the Ombudsman said that the cop "fired at him and inflicted upon him five fatal gunshot wounds on his chest and abdomen."