‘Arroyo-led push for unequivocal defense of Duterte show need for ICC probe’

President Rodrigo Duterte and former President Gloria Macapagal-Arroyo share a light moment during a courtesy visit in Malacañang on November 28, 2016.
Presidential photo/King Rodriguez

MANILA, Philippines — Lawyers for the families of those allegedly killed in the previous administration’s brutal “war on drugs” said Friday that the move by some House of Representatives lawmakers for the “unequivocal defense” of former President Rodrigo Duterte only highlights the need for the International Criminal Court to step in.

“Providing a blanket of protection only points that there can be no fair, comprehensive and objective inquiry into the thousands of deaths resulting from Duterte's ‘war on drugs’ in the Philippines,” the National Union of People’s Lawyers and Rise Up for Life and for Rights said in a statement.

They continued: “This reiterates that our government is unwilling and unable to investigate, and that the executive and legislative branches of government verily make justice inaccessible. In fact, it reminds us that there is no domestic investigation into acts and omissions of key officials, underway today, at all.”

House Deputy Speaker Gloria Macapagal-Arroyo along with 18 other lawmakers filed Thursday a resolution calling on the lower chamber to declare its “unequivocal defense” of Duterte who is being accused of crimes against humanity before the ICC.

The NUPL and Rise Up said this call for the defense of Duterte is “suspiciously premature” as no one yet is on trial or has been named as accused before the ICC.

In a statement on HR 780, Arroyo brought up past charges against her that she called "politically-motivated" and "trumped-up" as reasons she is "keen on ensuring that justice is meted out fairly to everyone as she too was once a victim of unfair investigation and prosecution during the time of then-President Noynoy Aquino, her immediate successor.

The groups said the politicization of judicial processes and resistance to fact-finding “eerily” brings back memories of Arroyo’s time as president when they said cases of extrajudicial killings, disappearances and torture occurred.

“In choosing to ignore grave rights violations and abuses — acts incompatible with our very own humanity — politicians enable and empower violators and abusers. This is how impunity perpetuates,” the groups said.

The House members parroted the government’s defense against any investigation by the ICC, saying that the country has a “functioning and independent judicial system,” a claim doubted by the international tribunal’s prosecutor who pointed out that domestic proceedings have only managed the prosecution and conviction of low-ranking officials.

“While the justice system in the Philippines is functioning, the fact is not a single case has been filed and prosecuted against Duterte for his alleged crimes against humanity,” said Rep. Edcel Lagman (Albay), who is not among the authors of the resolution.

Lagman added: “Considering the default of the Philippine justice system in favor of Duterte, the proper forum now is the ICC which has jurisdiction over covered crimes committed before the Philippines conveniently withdrew from the Rome Statute at the behest of Duterte himself.”

Despite their criticism of the House resolution, the NUPL and Rise Up dismissed it as “mere posturing” that will not pose obstacles to the ICC probe.

“In the course of its work, the ICC could also well find value in interrogating the basis of this resolution,” they said.

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