DOJ, PNP warn vs cooperation with ICC

MANILA, Philippines — Government officials found acting in defiance of the Marcos administration’s stance against allowing International Criminal Court (ICC) jurisdiction over drug killings under the watch of Rodrigo Duterte may face administrative charges or even be dismissed from the service, the Department of Justice (DOJ) said yesterday.

The Philippine National Police has also warned its members of administrative sanctions if they cooperate with the ICC in its probe on Duterte’s drug war without getting clearance from PNP leadership.

The ICC is investigating Duterte’s bloody war on drugs, which left more than 6,000 people dead, based on official figures.

In a recent interview, President Marcos voiced his rejection of an ICC investigation, saying it poses a “threat” to the country’s sovereignty.

On Wednesday, former senator Antonio Trillanes IV said he received “highly credible” information that ICC investigators had directly communicated with more than 50 active and former police officials regarding their possible inclusion in the crimes against humanity case against Duterte.

According to Trillanes, the active and retired police officials who do not immediately signify their intention to cooperate with the ICC probers would be elevated as suspects and face travel restrictions and possible arrest via Interpol.

Asked if the DOJ was aware of the former senator’s claims, Justice Assistant Secretary Jose Dominic Clavano IV said the department has no such information.

“Just like everybody else, we found out from Senator Trillanes about this supposed development. But, I think we’ve been consistent from the very start that we have a working justice system here in the Philippines evidenced by a lot of different cases and reforms that we have been undertaking.” Clavano said at a press briefing in Malacañang.

Clavano said there may be “accountability” involved if a government official is coordinating with the ICC against the directions and policy of the government.

“If there’s any law enforcement or government official that goes against the policies and orders of the authorities in position, then obviously there will be some sort of conflict of interest, there will be accountabilities and definitely liabilities that go with it.” the justice official said.

In a chance interview, Clavano said among the possible sanctions against erring officials is dismissal from the service. He added that the accountability of the officials would depend on the level of their participation in the ICC investigation.

“It can be an administrative case. But if they are in the position and they are part of the government, it is possible that they will be dismissed if they cooperate with the ICC because the stance of the government and the President is very clear and is very consistent, that we don’t recognize their authority here,” the justice official said.

Clavano noted that the Code of Conduct and Ethical Standards for Public Officials and Employees enumerates the liabilities of those who fail to comply with its guidelines.

“If they really go against the President’s wishes or directive not to cooperate with them and yet they cooperate with them, then that could fall under gross neglect of duty or disobedience to authority... But at the same time, if we have not seen the facts and nothing has happened yet, it would be completely hypothetical to think about or to discuss,” he explained.

Duterte, whose daughter Sara is the vice president and education secretary, had said that he would only answer the allegations against him before the local courts. Marcos has repeatedly said he would not hand over Duterte to the ICC, which allowed a probe on the drug war in 2021.

PNP officers warned

At Camp Crame, PNP chief information officer Col. Jean Fajardo told a news briefing that sanctions await police officers found communicating with the ICC in violation of the chain of command.

“If you’re an active personnel and you are performing any activity that is contrary to what is being stated officially by the PNP, then it’s possible that you will face sanctions,” Fajardo said.

After Trillanes’ statement was picked up by media outfits, Fajardo said she immediately informed PNP chief Gen. Rommel Francisco Marbil about it and coordinated with the heads of different PNP units to seek confirmation.

“The directorates have no information concerning alleged active PNP personnel cooperating with the ICC,” she said.

Fajardo said police officers should not talk with the international tribunal’s representatives without seeking clearance from top police officials.

“No less than the highest authority of the land, the President, has made it clear that the country does not recognize the jurisdiction of the ICC, and the PNP – as part of the executive department – should follow the position of the national government,” she explained.

Fajardo also disputed the claim of human rights group Amnesty International that extrajudicial killings remain prevalent under President Marcos.

She said they have no idea where AI got its information that 600 drug-related killings have occurred since Marcos took office in June 2022.

Sen. Ronald dela Rosa, who served as PNP chief during the Duterte administration, denied being approached by the ICC. “No ICC prosecutors ever contacted me,” Dela Rosa said when sought for reaction by reporters.

His Senate colleague Robinhood Padilla chided the ICC for being “hardheaded.” At the Kapihan sa Senado forum, Padilla said “it is clear from President Marcos that the government will not cooperate.”

Meanwhile, Amnesty International has reiterated its call on the Marcos administration to cooperate with the ICC on the so-called war on drugs.

AI to government: Cooperate

The government’s cooperation with the investigation and the country’s return to the ICC are among the recommendations made by AI in its latest State of the World’s Human Rights report released on Wednesday.

“We are calling on the Marcos government to cooperate in the ICC investigation and allow access to either evidence or witnesses and to allow the investigators to come in the country,” AI Philippines section director Butch Olano said during a press conference.

“We are also calling for the government, the Marcos administration, to initiate the return to the ICC… That’s the only way to ensure accountability of current and future leaders of the Philippines,” he added.

Olano stressed the importance of safeguards to ensure that future administrations would not be able to arbitrarily withdraw from the human rights body.

In 2018, then president Duterte decided to withdraw from the ICC after its then prosecutor announced the opening of a preliminary examination into the war on drugs.

Olano said safeguards that may be put in place include requiring the concurrence of the Senate before the country can withdraw from any treaty.

He welcomed developments in the investigation, but stressed the need for urgency to ensure that justice is accorded to the victims.

ICC’s preliminary investigation covers alleged crimes against humanity committed in the context of the drug war from July 1, 2016 to March 16, 2019, when the Philippines officially withdrew from the Rome Statute that established the ICC.

Also included were so-called Davao death squad killings between Nov. 1, 2011 to June 30, 2016, when Duterte was either the mayor or vice mayor of Davao City.

Two years into his administration, AI Philippines said Marcos has turned his back on human rights in the country.

“This is seen by his ignoring the call for justice of victims of human rights violations, especially victims of extrajudicial killings, by his failure to provide protection to human rights defenders and journalists, and by neglecting the plight of ordinary Filipinos for a decent life,” said Olano.

“The Marcos administration has failed miserably in its state obligation to protect, respect and fulfill human rights,” he added.

Human rights violations, according to AI, continue to exist in the Philippines.

These include cases of extrajudicial executions, red-tagging and enforced disappearances, repression of dissent, continuing culture of impunity, and attacks on freedom of expression, indigenous peoples’ rights and the rights of LGBTQIA+ community.

Aside from the return to ICC, AI Philippines also recommended the abolition of the National Task Force to End Local Communist Armed Conflict, the passage of the human rights defenders protection and the anti-discrimination bills, and the repeal or substantial amendment of the anti-terrorism and cybercrime prevention laws. — Janvic Mateo, Emmanuel Tupas, Marc Jayson Cayabyab