NBI gets copy of arrest warrant for Frenchman seeking asylum

A warrant for the arrest of a Frenchman wanted in France was received yesterday by the National Bureau of Investigation, but the NBI cannot pick up 38-year-old Marc Cohen because he has a pending application for refugee status and political asylum with the Department of Justice.

The DOJ has yet to rule on Cohen’s application, which is still being evaluated.

Lawyer Ricardo Diaz, chief of the NBI-International Police (Interpol) Division, refused to comment on the warrant of arrest against Cohen but confirmed that the NBI has received the papers from the French government.

Diaz expressed apprehension over the enforcement of the arrest order because of Cohen’s pending application for refugee status and political asylum.

Romel Bagares, Cohen’s lawyer, said under the 1967 protocol on refugees, the NBI cannot arrest and deport the senior consultant of the Asian Development Bank while his petition is pending.

Bagares said this is the principle of non-refoulement, a French term on the duty of the receiving state not to return an asylum-seeker or refugee who faces persecution in his country of origin.

"This warrant of arrest, which we have yet to see, is yet another element of political persecution directed against our client," he said.

"For so long, the French embassy has been denying that it has a copy of the warrant. Now, they are talking to police authorities because Mr. Cohen’s passport expires soon."

Bagares said Cohen’s right to non-refoulement is recognized under international law as a principle binding upon the Philippine government, a signatory to the refugee convention.

"Cohen has diplomatic status, being a member of an international organization," he said.

Cohen said he had no choice but to apply for refugee status and political asylum for him and his nine-year-old son as the French embassy has refused to renew their passports, which expire on May 19.

He said that he is not a fugitive from justice and that his continuous employment at an international organization would prove his good name. Cohen applied for political asylum in the Philippines, alleging that his wife, who has connections with French government officials, has been harassing him to win custody of their children in France.

Under a DOJ order, an applicant for political asylum and refugee status shall not be expelled or returned to his country of origin if there are valid reasons to believe that his life or freedom would be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion. - Cecille Suerte Felipe