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Probe finds ‘violations’ in Duterte arrest
By Nidz Godino
“There is no indication that ICC even requested for surrender of FPRRD after his provisional arrest…there is likewise no indication that ICC requested extradition after arrest of FPRRD,” Sen. Imee Marcos’ said Philippine government had “comprehensive plan” to arrest former president Rodrigo Duterte and cooperate with International Criminal Court (ICC) despite questions of sovereignty and “glaring violations” of Duterte’s rights as accused.
These were findings contained in Marcos’ preliminary report following her Senate foreign relations committee investigation on “lack of due process” in Philippine government’s turnover of Duterte to The Hague for his drug war-related crimes against humanity case.
Marcos read out initial report in press briefing at Senate, even though it showed flip flopping positions of her brother President Ferdinand Marcos Jr. about ICC jurisdiction since country’s withdrawal from Rome Statute, founding treaty established ICC.
Senator Marcos said three findings of her hearing are: “Philippines had no legal obligation” to arrest Duterte and turn him over to The Hague; “Philippine government decided to assist ICC to arrest FPRRD;” and “there were glaring violations of FPRRD’s rights.”
Marcos claimed that there was “no red notice” because Philippine government only enforced ICC’s arrest warrant based on “unverified diffusion notice” sent by ICC to International Criminal Police Organization (Interpol).
Marcos also claimed that there was no Philippine obligation to turn over Duterte to The Hague because diffusion notice states it was only for “provisional arrest” instead of “arrest and surrender.”
“Emphasis should be given on Administration’s narrative that they will be compelled to honor ICC’s request if Interpol transmits red notice to Philippine authorities…it was admitted during public hearing that there is no red notice,” she added.
But ICC’s diffusion notice sent to Interpol is classified “red” for “wanted” individual such as Duterte, means it is equivalent to Interpol “Red Notice,” said Philippine Center on Transnational Crime executive director Anthony Alcantara during hearing. PCTC supervises Interpol-National Center Bureau (NCB)-Manila.
“Wanted persons red diffusion” is notice “circulated to arrest, detain, or restrict movement of convicted or accused person… and checked for compliance by Notices and Diffusions Task Force,” Interpol said in its website.
Meanwhile, Interpol Red Notice aims to “seek location and arrest of persons wanted for prosecution or to serve sentence.”
In claiming Philippine government helped ICC arrest Duterte, Marcos cited admission of Interior Secretary Jonvic Remulla in Bilyonaryo News Channel interview that there was planning involved with the President and National Security Adviser Eduardo Año to carry out arrest.
But during hearing, Remulla denied existence of alleged “core group” behind Duterte’s arrest, as he also invoked executive privilege.
Remulla also said they only talked about “rumors” of Duterte’s arrest warrant. This prompted Marcos to say in her report: “supposed ‘group effort’ was only based on rumors is incredible.”
“This attempt to cover up what was already aired on media indicates all the more that comprehensive plan to arrest FPRRD was already in place even before March 11,” Marcos said, adding that there was police deployment ahead of release of ICC warrant.
In claiming Duterte’s rights were violated, Marcos said due process was not followed because “no warrant was issued by Philippine court” and that “arrest did not fall within exceptions to warrantless arrest.”
“Justice Secretary Jesus Crispin Remulla impliedly admitted that no effort was made to get any warrant from Filipino court.,, Constitutional safeguards for right to liberty of abode were not observed…no court order was issued mandating that FPRRD be taken out of the Philippines against his will,” she said.
Marcos said Duterte was also deprived of right to be visited by immediate members of his family, when police blocked his daughter, Vice President Sara Duterte, from going near him when he was taken into custody at Villamor Air Base.
Marcos cited that this right is enshrined under Republic Act 7438, defined certain rights of persons arrested, detained, or under custodial investigation.
Seeking temporary release of former president Duterte could open floodgates of other issues, including possible freeze order on his assets and recognition of other directives of ICC, which has no jurisdiction over the Philippines, Malacañang said.
Legal team of Duterte, now under custody of ICC in The Hague over alleged crimes against humanity, has raised possibility of applying for interim release pending trial. Persons who are released temporarily should comply with certain conditions, including attending court proceedings, according to ICC spokesman Fadi El Abdallah.
In press briefing, Presidential Communications Office Undersecretary Claire Castro raised number of questions with regard to possible move to secure Duterte’s interim release, noting that ICC has no jurisdiction over Philippines.
“Does it mean that we have to recognize that ICC has jurisdiction over Philippines… I believe family of former President Duterte is asking and praying to Supreme Court that government should not cooperate with ICC…so, it means that if we will not cooperate with ICC, even that prayer or that manifestation of ICC, we will not take cognizance of that, although, that’s hypothetical, let us say we will cooperate with ICC in terms of interim release…then all other issues will be opened… possible freeze order on Duterte assets will also be opened…would Duterte family want us to cooperate with ICC to search for all of their assets, whether hidden or not?” Palace press officer said.
Abdallah said issuance of freeze order may happen at any stage of legal proceedings.
Pressed if Marcos is open to interim release for humanitarian reasons, Castro replied: “I will ask those who proposed that should Philippines accept jurisdiction of ICC…will Duterte camp withdraw petition they filed before Supreme Court stating that we should not cooperate with ICC…will they accept all orders of ICC…will we recognize freezing of their assets…all these we have to ask,” she said, adding that all actions related to Duterte’s case should start from his family since they are ones with pending petitions before high court.
Meanwhile, Malacañang maintained administration is not hiding anything about arrest of former president Duterte but some sensitive matters cannot be made public.
“Executive privilege is rooted from separation of powers, so there will be instances, including issues concerning national security, diplomatic relations, military affairs and internal deliberations within executive branch, that information will not be publicized, so, there will be undue encroachment by one branch of government over another…so we are not hiding anything…there are instances that some of the things discussed that cannot be made public,” Castro said.
Castro said “That will be Sen. Marcos’ opinion if she talks to Duterte supporters…but if we talk to other experts like Justice Antonio Carpio, Attorney Joel Butuyan and others who already spoke about RA (Republic Act) 9851, her view on the issue would change, we only complied with law and our obligation with Interpol…if there are other views, that may be her personal view… nothing personal here”
Akbayan party-list Rep. Perci Cendaña asked camp of former president Duterte to stop likening the latter to the late martyred Sen. Benigno Aquino Jr.
“Camp of Rodrigo Duterte should stop likening him to Ninoy Aquino and his family, as well as absurd notion that his supposed death could secure his daughter’s place in Malacañang, they are not too advance in thinking and they are also delusional… mass murderer’s death does not make president especially if inheritance left is blood, betrayal and lack of sense of accountability,” Cendaña said.
“If Duterte camp believes their brand of leadership-by-body-count will be rewarded with political sainthood, they are sorely mistaken,” he added.
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