By Perfecto T. Raymundo, Jr.
SAN JUAN CITY — Critics and supporters of former President Rodrigo Roa Duterte on Friday (March 14) clashed on the alleged abuses he committed while his supporters cried that his human rights were violated when he was allegedly forcibly taken to the Hague, Netherlands to face the crimes against humanity charges filed against him before the International Criminal Court (ICC).
During The Agenda Forum hosted by Pastor Gary Galvez at Club Filipino, Atty. Neri Colmenares said that what the ICC did to Duterte was “very welcome”.
Atty. Colmenares said that they have filed the case against Duterte for so long already. He added that Duterte did not give the families of the victims of alleged EJK the chance to file the case hence, they were forced to file the case before the ICC against Duterte in 2018 and Duterte even asked for an extension in 2021 for the ICC not to proceed with the investigation and the ICC granted almost one year and a half of extension for the conduct of the investigation of the alleged EJK cases.
Colmenares noted “this is just an initial step towards justice and it would take more time to achieve justice.”
Atty. Colmenares is the Chairperson of Bayan Muna Partylist, Co-chairperson of Makabayang Koalisyon ng Mamamayan (Makabayan), Vice-President of Confederation of Lawyers in Asia-Pacific (COLAP), and Bureau Member of International Association of Democratic Lawyers (IADL).
In the rules of the ICC, in the Rome Statute, there is a trust fund for the victims of EJK. Colmenares said that the victims of EJKs who were breadwinners were unfortunate. The ICC said that the perpetrators should also have civil liabilities.
In 2018, when Colmenares talked with the families of the EJK victims, they did not know about the compensation due the victims.
The ICC has three offices such as prosecution, defense with accredited counsels, victims. The ICC ensures that the case is not only about the accused but also about the victims themselves.
Colmenares said that they might raise funds in order to bring one or two wives of the victims to the ICC to file their complaint and present their case before the ICC.
He added that Duterte was arrested and now detained at The Hague, Netherlands and it is not a “safe haven” for him so to speak.
The statements of President Ferdinand R. Marcos, Jr. about the ICC has changed such that the DOJ, the PNP-CIDG would not implement the arrest warrant without the approval of President Marcos.
“Whatever is the motive of the President (Marcos) to execute the arrest warrant, It’s up to him,” Colmenares said.
The ICC is still looking to other high-ranking officials and members of the police, hence, there are other civilians who are also subject of the warrant of arrest issued by the ICC.
“Co-perpetrators means there are other persons other than high-ranking officials and members of the police. Under the Rome Statute, the accused or defendants can be detained,” Colmenares said.
He added that President Duterte had always argued that the ICC has no jurisdiction over the alleged EJK, citing that Article 127 of the Rome Statute provides that the ICC can investigate and prosecute cases allegedly committed before the withdrawal of a State from the ICC.
If the Supreme Court (SC) decides to grant the writ of habeas corpus to Duterte, Colmenares said, the ICC may rule that the Philippines had a hard time to bring Duterte to The Hague, Netherlands, and you want to bring him back to your country.
Colmenares said that the justice system does not work as far as President Duterte and his generals. He added that they did not file a case against Duterte in the country as the families of the victims were poor and they could not afford the cost of litigation.
According to Colmenares, they were just told to wait for six years or after the term of Duterte to file their case.
He added that the supporters of Duterte have the right to stage rallies and mass up for People Power as it is their right guaranteed in the 1987 Constitution.
“This is about accountability. For the supporters and critics of Duterte: Let there be a trial for the sake of justice,” Colmenares said.
On the hearing today at The Hague, Netherlands, the ICC will confirm the charges against Duterte. Under the rules of the ICC, Duterte can file a petition for temporary release or interim relief, but once he sought for such a relief, it would mean that he is recognizing the jurisdiction of the ICC over Duterte.
According to Colmenares, the Philippine government provided Duterte with British lawyer Sara Badafel at the ICC. The ICC is also inclined to consider humanitarian grounds for Duterte.
Colmenares said that the families of the EJKs hope for a longer life for Duterte so that justice will be served, otherwise, if he dies, hopefully not, the criminal liability of Duterte will be extinguished. However, the proceedings will still proceed as there are other co-defendants of Duterte.
As of today, Colmenares said, they are focused on the “initial stage” of the trial, and they have no plans to bring the witnesses or victims of EJKs to The Hague for the trial of the crimes against humanity or murder with elements of systematic attack, with personal knowledge, and the admission of former PCSO General Manager Col. Garma before the House Quadcom that there was funding for the “kill, kill” order of Duterte under the “war on drugs”.
Colmenares agreed with the return of the Philippines to the ICC as the country was one of the countries who pushed for the establishment of the ICC.
In 2017, Atty. Jun Sabio already died. In 2018, the Rise Up submitted four supplemental pleadings in addition to the complaint before the ICC.
Dean Raul Pangalangan was one of those who resolved in the ICC for civil damages to African leaders convicted by the ICC for crimes against humanity, war crimes, or genocide.
There is a wind of change such that Omar Bashir, former President of Sudan, who lost in his re-election for President. He was recently toppled from power.
The ICC can issue a pre-indictment warrant to ensure the appearance of the respondent in the trial, which was what happened to Duterte, and the warrant of arrest during the trial itself.
Article 98 or Article 92 of the Rome Statute provides that “other cooperations” such as “freezing of assets” can be the source of funds for the civil damages for the victims.
Colmenares clarified that they are neither “pro-Marcos” nor “anti-Duterte” as the Marcos government is not “holy”.
Jane Lee, the mother of one of the alleged victims of EJK, expressed her happiness for the arrest and detention of Duterte in the ICC.
Lee said that she hopes that what is appropriate in law be granted to the victims of EJK.
She said that when her husband was killed, she did not know what to do as they have three children and she had to be a father and mother to their children.
She was hesitant to approach the police as they are the ones who are killing, legal assistance from the DOJ was difficult. During that time, she did not know what to do to seek justice for her husband’s death.
The families of the EJK victims did not remain silent but they first prioritized their own children to transfer school and earn a living.
Lee said that the killing of his husband was glaring but no witnesses would like to surface for fear of their lives.
According to Lee, they are just common people, but her husband was executed.
Lee called on President Marcos to at least help them to attain justice.
She added that they are now having a hard time and she hopes that the trial of Duterte would proceed continuously.
Lee said that if the opportunity calls for their personal appearance in the ICC, it would be better for them even if she had twice saw Duterte before the House Quadcom hearings, whom she said, had no remorse at all.
She wished that there should not have been a “Tokhang” which claimed the lives of thousands of innocent civilian victims.
Atty. Salvador Panelo, former Chief Presidential Legal Counsel, former Presidential Spokesperson Legal Advocate and Political Commentator, said that the ICC has no jurisdiction such that how can ICC has jurisdiction over Duterte, it should have been published before an official gazette and it did not happen.
Atty. Panelo cited that there was no official gazette, hence it could not be conserved as a law, how can due process be obtained if there’s law that was published in the Official Gazette.
He said that the government withdrew from the ICC through an ordinary paper that was signed by then President Duterte, but the ICC insisted on “residual obligation” such that if a country withdrawal.
One year and a half after the withdrawal of the Philippines from the ICC, Panelo said, was when the time the ICC started the investigation.
Panelo criticized the Solicitor General for allowing the ICC to investigate in the Philippines when there was no jurisdiction for the ICC to conduct such an investigation.
“A red notice from the Intepol suddenly came out, and President Marcos insisted that the ICC has no jurisdiction over the Philippines,” Panelo said.
“Why were you following the request of the Interpol, when in fact, there was no ICC jurisdiction,” he added.
“Brazen culpable violation of the Constitution. It’s an impeachable offense,” Panelo said in reference to the alleged illegal arrest and detention of Duterte at the NAIA
Colmenares cited that Executive 459 also had no publication in the Official Gazette. “Any matter that has been started (investigation) was included in Article 127 of the Rome Statute,” he said.
“It’s the discretion of President Marcos and the arrest was made with the blessing of President Marcos,” Colmenares said.
Six years lapsed and Jane had no chance to file the case because President Duterte has immunity, hence, they filed the case with the ICC.
“Duterte is now insisting that the government should protect the Filipinos, but during his term, he even sold us to China on the issue of the West Philippine Sea,” Colmenares said.
“We have a robust functioning judicial system, but why we surrendered a Filipino to the foreigner,” Panelo said.
“The government performed an illegal act. An illegal act committed cannot be followed, otherwise, it will be repeated again,” he added.
Panelo said that the government is legally bound to protect Duterte.
“All the things that the ICC did were all illegal and what they did to Duterte was betrayal,” Panelo said.
President Duterte has three legal teams. It’s impractical to go to the ICC. What is important is moral support for Duterte. It’s precisely the reason why Vice President Sara Duterte flew to The Hague to look for a lawyer for the former President.
The last time that Panelo saw Duterte was in Hongkong during the political sortie of the PDP-Laban and he never had the chance to talk to him since then.
Panelo had no knowledge about the social media feeds of the Duterte family which were supposed to be private.
Duterte has no assets and no money and there is nothing to freeze and there’s no money to be frozen.
He (Duterte) did not accept donor money campaign when he ran for President. When you voluntarily surrender, you are admitting the jurisdiction of the arresting authority.
According to Panelo, three years had already passed and the group of Colmenares did not file a case against Duterte. Duterte was smart such that he knew that he cannot go against China even the United States.
When Duterte encountered Chinese President Xi Jinping, he talked about the Arbitral ruling on the West Philippine Sea and there was no “bullying”.
What has been done to Duterte was a violation of the Constitution and the duty of the President and the Filipinos is to protect the rights of a Filipino.
“If you believe that the government is violating the Constitution, let’s go out in the streets and stand up that what they are doing is unconstitutional,” Panelo said.
“Duterte can seek for interim release such that if the rights had been violated. It happened before. There is no jurisdiction on two basic grounds and therefore unenforceable and all that have been done are illegal,” he added.
“Ad cautelam, meaning that, you are not accepting the jurisdiction. The DOJ said that they are the court. You can see it on the video. Review it,” Panelo said. ###
