Philippines will respond ‘favorably’ to Interpol arrest request

ICC probe on Duterte drug war

MANILA, Philippines — The Philippines will “respond favorably or positively” to a possible request from the Interpol to arrest personalities facing trial before the International Criminal Court (ICC) for the deaths of thousands in the so-called war on drugs of former president Rodrigo Duterte.

Executive Secretary Lucas Bersamin made this clear yesterday when asked whether the Marcos administration has changed its position on the ICC, which is investigating Duterte’s bloody drug war.

“Hindi, ganito iyong sa ICC ano (No, it’s like this with the ICC): we have withdrawn from the ICC, membership from the ICC, and that withdrawal is now already in effect. But we have been very clear in our statements regarding this. If the ICC makes a move, and courses the move through the Interpol and the Interpol makes the request to us for the arrest or delivery of the custody of a person subject to ICC jurisdiction, we will respond favorably or positively to the Interpol request, because we’re also benefitting from the Interpol in other cases,” Bersamin said at a press briefing after attending a budget forum in Pasay City.

Bersamin’s statement came after Justice Secretary Jesus Crispin Remulla said in an interview with Reuters that the Marcos administration would sit down with the ICC and discuss “certain areas” of cooperation in the latter’s investigation on thousands of killings in the Duterte drug war.

He said disregarding a request from the Interpol might boomerang on the Philippines if the time comes that it would have to turn to Interpol for help.

“That’s comity – being friends, being cooperative – you know what that means,” the executive secretary said.

Bersamin said it was not clear in which areas the Philippines and the ICC would cooperate, as mentioned by the justice secretary.

However, he said in the past, the Philippine government had always cooperated with the Interpol, just as the international body had always acceded to requests from the country.

“It’s like this. There’s no definite or clear statement that we’ll have to cooperate at once. I do not even know what Secretary Boying (Remulla) meant. But as far as experience of the government shows, a request from the Interpol should always be respected because the Interpol is also doing us service in other areas similar to this. So, that’s the meaning of comity,” Bersamin said.

In an interview in November last year, Marcos said that while he would not block the ICC if Duterte would allow himself to be investigated, the Philippine government would not cooperate with the international court. “We do not cooperate with the ICC. That is the position of this government,” Marcos said then.

“As Secretary Remulla explained before, we have obligations to Interpol and we have to live up to those obligations,” Marcos said when asked in the same interview whether the Philippines would be obliged to “participate,” should the Interpol issue a red notice.

At a forum organized by the Foreign Correspondents Association of the Philippines in April last year, Marcos said the Philippine government would not hand over Duterte should the ICC issue an arrest warrant against him.

“We don’t recognize the warrant, the warrant that they will send to us,” Marcos said, asserting that the ICC has no jurisdiction over the Philippines since the country’s judicial system is working.

Duterte has been accused by the ICC of committing crimes against humanity over deaths tied to his drug war. More than 6,000 drug suspects had been killed in the previous administration’s drug war based on government data, but human rights groups said the figure could be five times higher. 

DOJ position welcomed

Sen. Risa Hontiveros welcomed the DOJ’s “softened” stance on the ICC investigation on Duterte’s drug war.

“Secretary Remulla’s pronouncement on the ICC’s investigation on Duterte’s war on drugs gives us hope that real justice for the thousands of victims of the former administration’s killing spree could finally come,” Hontiveros said.

“If there will finally be talks with the ICC, I hope the Philippine government sees the need to help its investigation, not only because of treaty obligations, but also for the families of Kian, Carl and Kulot, and others who are still calling for justice,” Hontiveros said, referring to young victims of extrajudicial killings during the Duterte administration.

Human rights groups are urging other government agencies to cooperate as well with the ICC’s ongoing investigation on the Duterte administration’s deadly drug war.

Fr. Albert Alejo, a board member of international human rights organization No Peace Without Justice, said top government officials are unlikely to issue statements regarding the ICC without the permission of President Marcos.

Alejo was reacting to the latest statements of Remulla and Bersamin on the issue.

“I call on other government agencies… to help as well,” Alejo said in Filipino during an interview with “Storycon” on One News yesterday.

“They will not say those things without the approval of their boss,” he added, referring to Marcos.

Alejo, who confirmed he was involved in the ICC investigation, specifically urged the Commission on Human Rights (CHR) and the Office of the Ombudsman to cooperate with the ICC.

The CHR, which has repeatedly urged the government to cooperate with the ICC, said it has not received any communication from the international tribunal.

Alejo stressed the need for justice before peace and unity can be attained. He welcomed the proposed Truth Commission that will look into the alleged crimes committed in relation to the drug war. But he said the processes have to be carefully studied.

“If we form a truth commission, it will look at the wrongdoings of everyone. We have to be ready for that,” he said in Filipino. “If we push for a truth commission, we have to be serious about it… we will all have to face accountability.”

In a separate statement, the National Union of People’s Lawyers (NUPL) said Remulla’s position is consistent with the provisions of the Rome Statute, the treaty that created the ICC.

“The Marcos administration is beholden to investigate and prosecute extrajudicial killings and other such crimes. It is already haunted and blood-stained by the previous Marcos administration’s record of massive human rights violations, and it cannot afford to overlook this one,” said NUPL-National Capital Region secretary general and ICC assistant to counsel Kristina Conti.

Conti, who represents victims of the drug war, said the former president and his supporters should not “baselessly deny” that he cannot be taken to the court for trial.

“They look pathetic with their denials: that the court has no jurisdiction, that Duterte is not responsible, that the killings do not amount to crimes against humanity and, most ridiculous, that the killings did not occur. They bank on Nazi propaganda, that a lie repeated over and over becomes truth,” Conti added. — Janvic Mateo, Marc Jayson Cayabyab