CHR ready to assist ICC in Duterte probe

MANILA, Philippines — The Commission on Human Rights (CHR) is ready to assist the prosecutor of the International Criminal Court (ICC) in the conduct of the preliminary examination on the Philippine government’s war on drugs.

“We are, of course, always ready, willing and able to assist the ICC should we be requested to do so,” CHR chair Jose Luis Gascon told The STAR in a text message over the weekend.

“As a party to the Rome Statute, the entire government, particularly the law enforcement and justice institutions, is under an obligation to assist the ICC in all ways possible,” he added, referring to the 1998 treaty that established the ICC.

Gascon, however, said they have yet to receive any communication from ICC prosecutor Fatou Bensouda, who has announced that she would examine the Duterte administration’s war against illegal drugs amid allegations of extrajudicial killings.

The CHR chief urged the government to cooperate in the examination.

“In particular, we hope the authorities of our police and justice department will provide all relevant information for the successful conduct by the ICC of its preliminary examination,” he said.

The CHR has repeatedly criticized the government for its failure to file cases against police officers involved in nanlaban incidents where suspects were killed supposedly after fighting back during police operations.

Thousands have died in such incidents, based on data released by the Philippine National Police (PNP).

Human rights groups are also questioning the thousands of other deaths believed to be committed as a response to the government’s war against illegal drugs.

The PNP has yet to release to the CHR the case folders involving the killings.

Callamard welcomes ICC move

Meanwhile, United Nations special rapporteur on extrajudicial killings Agnes Callamard welcomed the decision of Bensouda to conduct a preliminary examination.

In an interview with The Washington Post, Callamard – a known critic of the Philippines’ war on drugs – maintained that the country has failed to fully investigate the thousands of deaths during the present administration.

“As I have warned repeatedly, a major human rights crisis has been unfolding in the Philippines, characterized, among other things, by a vast number of allegations of extrajudicial executions and a failure on the part of the state to undertake prompt, independent, impartial investigations,” she was quoted as saying.

Callamard previously drew the ire of President Duterte following her statements expressing concern over the killings.

The government has set conditions for her to conduct a visit, including a public debate with Duterte and swearing under oath.

The rapporteur refused, saying these are against the terms and conditions governing independent experts of the UN.

Information-examining process

In line with the Rome Statute’s requirements, Bensouda said her office will engage with relevant national authorities to discuss and assess any pertinent investigations and prosecutions.

“In the independent and impartial exercise of its mandate, my office will also give consideration to all submissions and views conveyed to it during the course of each preliminary examination,” Bensouda said, noting that a preliminary examination is not subject to statutory timelines and that it is an information-examining process to determine whether there is reasonable basis to proceed with an investigation pursuant to Rome Statute criteria.

“Specifically, under article 53(1) of the Rome Statute, I, as Prosecutor, must consider issues of jurisdiction, admissibility and the interests of justice in making this determination,” she explained.

Bensouda announced on Thursday that she would open preliminary examinations into the Philippines’ war on drugs campaign and, separately, analyze alleged crimes committed by Venezuela related to the demonstrations and ongoing political unrest there.

‘180-degree turn’

Meanwhile opposition Rep. Edcel Lagman of Albay observed that presidential spokesman Harry Roque was the type of individual who “easily crumbles under the weight of an official title and jettison without qualms their principles for partisan subservience and convenience.”

In a statement, Lagman said that Roque now “sings a completely different refrain, a 180-degree turnaround” compared with his previous active stance against extrajudicial killings under Duterte when the spokesman was still Kabayan congressman.

“Before his anointment as the leading apologist of Duterte as presidential spokesman, Roque was critical of Duterte’s deadly war on drugs,” Lagman recalled, noting that Roque even warned Duterte that the ICC “may enforce its jurisdiction over him for alleged crimes against humanity.”

Lagman said that Roque, a former University of the Philippines law professor and also a human rights activist, was among those who campaigned for the ratification by the Philippines of the Rome Statute.

The Rome Statute was signed in February 2011 by former president Benigno Aquino III and the Senate gave its concurrence in August 2011. – With Pia Lee-Brago, Delon Porcalla

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