Lawyers' group asks ICC to continue probe into Philippines 'drug war'
MANILA, Philippines — The Free Legal Assistance Group, among the lawyers’ groups that assist victims of the “war on drugs” in court, urged the International Criminal Court Office of the Prosecutor to lift its suspension on the investigation into the Philippines.
FLAG, through its chairman Chel Diokno, wrote to the ICC Prosecutor Karim Ahmad Khan and asked his office to proceed with the investigation.
“FLAG understands that your decision to suspend the investigation is largely in response to the deferral letter dated 10 November 2021 where the Philippine Ambassador to the Netherlands cited, among others, the Department of Justice ‘thorough investigations’ into 52 killings which occurred between 2016 and 2020,” they said.
The ICC last weekend said it would suspend investigative activities for the time being "while it assesses the scope and effect of the deferral request" filed by Manila.
President Rodrigo Duterte’s government largely relies on the principle of complementarity in its defense in the ICC investigation. In the Philippine government’s letter to the ICC, they noted that the country has the “first responsibility and right to prosecute international crimes.”
But the lawyers’ group pointed out that the cited investigation merely relied on documents provided by the Philippine National Police and only covered a small fraction of killings under the bloody “war on drugs” by the Duterte administration.
Less than 1% of total killings in ICC review period
“The DOJ ‘investigation’ adverted to in the Philippines’ deferral letter covers only a fraction of the killings or attempted killings which occurred within the scope of the ICC investigation,” FLAG said.
They also noted that only 36 cases reviewed by the DOJ occurred between July 1, 2016 and March 16, 2019, and this number only accounts for 0.12% to 0.3% of the 12,000 to 30,000 persons killed during the said period, which is covered by the ICC investigation.
The DOJ review also did not cover killings in Davao between Nov. 1, 2011 and June 30, 2016, which the ICC said it will look into.
While the DOJ also looked into 300 cases for its initial report, the lawyers’ group stressed that parameters, scope and results of the assessment have been withheld from the public.
In a report to the United Nations Human Rights Council in February, Justice Secretary Menardo Guevarra said police failed to follow protocols in many anti-drug operations. This was contained in a report sent to Duterte.
READ: Case build-up starts on possible 'war on drugs' abuses from 2016
Reliance on police documents
The lawyers’ group also asserted that it is misleading to label the DOJ actions as an ‘investigation’” as the department, in its review of 52 operations that resulted in deaths, only covered files as provided by the Philippine National Police’s Internal Affairs Service.
FLAG pointed out that based on the matrix made public by the DOJ, it is apparent that the department did not confirm the documents, nor it did identify others who may be involved in the killings, including officials in the chain of command.
DOJ also did not comment on the “inconsequential penalties” meted out on police involved in the deadly operations.
The matrix showed that in most of the cases, police were only suspended over their involvement in operations where suspects were killed. Only four resulted in dismissal from service.
“The imposition of IAS/PNP penalties—and the DOJ silence on the penalties imposed by IAS/PNP—reveals how the Philippine government views the killings,” they said.
“The DOJ ‘investigation’ did not include any findings or conclusions, but mere ‘observations,’ largely on the lack—or paucity—of documents provided by the IAS/PNP. Witnesses or survivors were not interviewed; family members did not participate in the DOJ ‘investigation,’” FLAG also said.
The lawyers’ group also asserted that Philippine law and jurisprudence hold that in cases where a law enforcer kills a person in “self-defense,” the burden of proof is upon the state officers. “Yet, the DOJ ‘investigation’ instead placed the burden upon the victims and/or their heirs,” FLAG told the ICC.
President Rodrigo Duterte says the controversial drug war will continue until the last day of his term, with or without a communication filed at the International Criminal Court.
Duterte: It does not mean that there are dead persons we will stop the campaign against drugs @PhilippineStar @PhilstarNews
— Alexis B. Romero (@alexisbromero) February 26, 2018
The ICC recently announced that it has begun processing the accusations against Duterte and his campaign against illegal drugs, which has led to the killing of thousands of people since he assumed power in June 2016. — Photo of the ICC building by AP/Peter Dejong
Vice President Sara Duterte issues a curt response to the ICC’s decision to resume its probe on the drug war killings under her father former President Rodrigo Duterte: “No Comment.” — Cristina Chi
The Philippine Coalition for the International Criminal Court (PCICC) expresses its elation over the recent decision of the International Criminal Court (ICC) Appeals Chamber, which firmly rejected and dismissed the Philippine government's appeal to halt the investigation into the Philippine situation.
"We have been waiting for this decision. The families of victims of the war on drugs have long been waiting for justice," the PCICC says.
"As of now, many of the victims and families who suffered and continue to suffer due to the brutal war on drugs pin their hopes on the ICC as the only credible venue for justice," it adds.
A human rights group has expressed its satisfaction with the recent decision of the International Criminal Court (ICC) to reject the Philippine government's attempt to halt the investigation into drug war-related killings in Davao City and during former President Rodrigo Duterte's regime.
"It is high time that the ICC investigation proceeds without a hitch so that the victims of Duterte’s bloody anti-drug war can finally tread the road towards justice and accountability," Karapatan says.
"There is urgent need for international mechanisms such as the ICC to come in because all domestic investigation mechanisms presented by the Duterte and the current Marcos regimes in response to calls for justice and accountability are ineffective and only meant to window-dress the current dire human rights situation," it adds.
International Criminal Court Appeals Chamber rejects Philippine government's appeal, allowing the resumption of the investigation into alleged crimes against humanity committed in relation to the so-called drug war and Davao death squad killings. — The STAR/Janvic Mateo
President Ferdinand “Bongbong” Marcos Jr. says the Philippines “cannot cooperate” with the International Criminal Court as he raised “questions about their jurisdiction and about what we consider to be interference and practically attacks on the sovereignty of the republic.”
With the rejection of the ICC’s Appeals Chamber of the Philippines’ request to suspend probe into “war on drugs,” Marcos says “that ends all pur involvement with the ICC.” — The STAR/Alexis Romero
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