ICC lawyer: Davao police chief part of drug war

MANILA, Philippines — His latest appointment as Davao City’s police chief is a homecoming of sorts for Police Col. Lito Patay.

And for victims of the previous administration’s so-called war against illegal drugs, this is a cause for concern, especially as they expect the issuance of arrest warrants against former president Rodrigo Duterte and others who are behind the deadly killings.

“The development that Lito Patay – one of the implementers, one of the worst recorded violators during the war on drugs – is now Davao City police chief… is concerning to us,” ICC Assistant to Counsel Kristina Conti told “Storycon” on One News yesterday.

“I don’t know how it would work in the context of a possible warrant of arrest against his former principal, Rodrigo Duterte, and even Ronald “Bato” Dela Rosa,” she added, referring to the incumbent senator who was Duterte’s first police chief and implementer of his anti-illegal drug campaign.

Patay is a member of the so-called “Davao Boys,” a group of policemen from the former president’s hometown who were brought to Metro Manila to supposedly take part in the implementation of the drug war.

A Reuters report earlier found that the Batasan Station of the Quezon City Police District led by Patay recorded the highest number of killings during anti-drug operations conducted in the first year of Duterte.

In May 2022, a little over a month before the end of Duterte’s term, Malacañang cleared Patay of an administrative charge filed in relation to the death of a minor during a police operation in Payatas, Quezon City in 2016.

Patay was appointed Davao city police chief earlier this week following the removal of several officers.

Conti, who represents victims and families in the ICC case, said they will study their next steps with regard to Patay’s appointment.

“The problem is that this is an assignment, not a promotion. He was not given a higher rank where it is possible to file a complaint,” she said in a mix of English and Filipino.

Still, she raised a question as to why he was appointed in Davao.

While Patay was not included in public documents released by the ICC, Conti said they have repeatedly mentioned his name in several of their submissions, citing his role in the implementation of the drug war.

Conti said there is a rumor the ICC is also asking for more witnesses who can identify who among the accused are most responsible.

“The ICC is looking at official, mid-level. I don’t know…. if top level. It may reach up to Albayalde,” Conti said, referring to former police chief Oscar Albayalde.

Conti said the new witnesses being asked by the ICC should be those who actually received the instruction from the principal accused in the implementation of Duterte’s bloody war on drugs.

Asked if Patay can qualify as state witness, Conti said: “At this point, not yet. Yes, any of the alleged perpetrators can become witnesses. ICC called insider witnesses. They can be the one to say how exactly the instruction was conducted. If no one admits, nothing will be known.”

ICC arrest warrant

Conti said they are confident that arrest warrants, particular for those who are deemed as the “most responsible,” will be released within the year.

But she said they do not expect it to be publicly announced by the ICC, given that these issuances are often treated as confidential.

A major problem, she said, is serving and implementing the warrant since ICC mainly relies on governments to enforce it. President Marcos recently maintained that the ICC has no jurisdiction over the Philippines, but Duterte’s allies earlier questioned why he refused to put his position in writing.

On reports that the ICC prosecutor is asking for more witnesses, Conti said she has no knowledge of it, but said it could be because they are trying to identify who else are responsible.

She said it is possible that arrests warrants will be issued for some individuals while investigation is ongoing for the others.

On their end, she said they are already preparing for trial “because that’s where we will have a more material role.”

“We’re waiting for trial and the presentation of evidence to prove that these persons are all guilty,” said Conti. — Jose Rodel Clapano, Emmanuel Tupas, Diana Lhyd Suelto