DOJ: Immunity given to Panamanian official valid

MANILA, Philippines - The Department of Justice (DOJ) affirmed yesterday the legality of diplomatic immunity granted by the government to a Panamanian official accused of raping a 19-year-old Filipina.

Secretary Leila de Lima said the Department of Foreign Affairs (DFA) was merely complying with the Vienna Convention on Diplomatic Relations when it issued a certification for immunity that led to the release from detention of Erick Bairnals Shcks.

With this, she thumbed down calls for her to order the Bureau of Immigration to place the diplomat in the Bureau of Immigration’s lookout bulletin order (LBO) to monitor his possible flight.

“It will not be proper for me, both legally and diplomatically, to issue an LBO,” she explained.

Shcks is a 35-year-old technical officer of the Panama Maritime Authority who was arrested over a rape complaint last April 24 but was ordered released from police custody by a Makati court after the DFA granted him immunity.

De Lima met with the complainant yesterday afternoon. In a chance interview, the complainant said she was frustrated by the DOJ’s stand on the issue.

“It’s unsatisfying. But we will continue our fight. I will pursue justice,” she said.

Responding to clamor for Shcks’ prosecution, De Lima earlier said she would review international laws on diplomatic immunity. She found that the position of the Panamanian diplomat and the crime of rape could be covered by an immunity grant.

She, however, reiterated that Shcks could only stand trial in Philippine court should the Panamanian government waive his immunity.

The complainant alleged that the rape occurred around 11 p.m. on April 23 when Shcks invited her over to his place after befriending her a few days earlier and having dinner. She told investigators Shcks made her sniff marijuana, rendering her almost unconscious, then raped her.