MANILA, Philippines — The Philippines is not stopping a possible arrest of former president Rodrigo Duterte by the Interpol if it is how his challenge to the International Criminal Court (ICC) to have him investigated would end up, President Marcos said yesterday.
Speaking to reporters in Tagaytay City, Marcos said it’s up to Duterte to decide if he would allow the ICC to come and investigate him.
Affirming a statement from Executive Secretary Lucas Bersamin, Marcos said that while the Duterte administration withdrew the Philippines from the Rome Statute, which created the ICC, the country is still bound by its commitments with the Interpol.
The Department of Justice (DOJ) also made it clear that the country’s partnership with the Interpol is unaffected by the country’s withdrawal from the Rome Statute in 2019.
“Secretary (Jesus Crispin) Remulla has repeatedly said that despite the withdrawal of the Philippines from the Rome Statute, the country remains a member country of the Interpol,” the DOJ said in a statement.
“When requests are made by the ICC through the Interpol and Interpol, in turn, relays such requests to our country, the Philippine government is legally obliged to accord due course to the same, by all means,” it added.
MANILA, Philippines — The Philippines is not stopping a possible arrest of former president Rodrigo Duterte by the Interpol if it is how his challenge to the International Criminal Court (ICC) to have him investigated would end up, President Marcos said yesterday.
Speaking to reporters in Tagaytay City, Marcos said it’s up to Duterte to decide if he would allow the ICC to come and investigate him.
Affirming a statement from Executive Secretary Lucas Bersamin, Marcos said that while the Duterte administration withdrew the Philippines from the Rome Statute, which created the ICC, the country is still bound by its commitments with the Interpol.
The Department of Justice (DOJ) also made it clear that the country’s partnership with the Interpol is unaffected by the country’s withdrawal from the Rome Statute in 2019.
“Secretary (Jesus Crispin) Remulla has repeatedly said that despite the withdrawal of the Philippines from the Rome Statute, the country remains a member country of the Interpol,” the DOJ said in a statement.
“When requests are made by the ICC through the Interpol and Interpol, in turn, relays such requests to our country, the Philippine government is legally obliged to accord due course to the same, by all means,” it added.
Remulla, meanwhile, also said Duterte’s pronouncements at the quad comm hearing on Wednesday were “very significant” and would surely influence the direction of ongoing investigations on drug war-related summary executions during the previous administration.
Marcos reiterated to reporters that his administration’s position on the ICC remains the same. “We will not help. But if he agrees to talk or to be subjected to an investigation by the ICC, it is up to him. It is not for us to decide,” he said in Filipino.
“We do not cooperate with the ICC. That is the position of this government,” Marcos said. “As (Interior) Secretary (Jonvic) Remulla explained before, we have obligations to Interpol and we have to live up to those obligations,” he added.
At the House of Representatives quad comm hearing last Wednesday, Duterte dared the ICC to “hurry up” and come to the Philippines to begin its probe on his drug crackdown, which he claimed was necessary to save the future generation of Filipinos.
In a statement, Bersamin said the government would not bar Duterte from surrendering himself to ICC’s jurisdiction. But if the ICC refers the process to the International Criminal Police Organization or Interpol, which may then transmit a Red Notice to the Philippines, the government would be obliged to consider it as “a request to be honored.” According to Bersamin, domestic law enforcement agencies “shall be bound to accord full cooperation to the Interpol, pursuant to established protocols.”
Asked if letting the Interpol arrest Duterte could be tantamount to placing him under the ICC, Marcos replied: “We’ll see – we’ll see how far it goes. We’ll see what the ICC does.”
PNP conducting probe
Marcos said the Philippine National Police (PNP) is investigating the drug-related deaths during the previous administration. “We’re waiting for their findings,” the Chief Executive said.
“But you know, all of the testimony that was given yesterday (Nov. 13) really – will be taken in and will be assessed to see what – in legal terms, what is the real meaning and consequence of some of the statements made by PRRD,” he added, referring to Duterte’s responses during the quad comm hearing.
Marcos said the DOJ would determine whether cases would be filed in relation to the former president’s testimony.
“Now, if that will result in a case being filed here in the Philippines, we will just have to see. The DOJ will have to make that assessment,” he said.
“And we had – some of them – the mothers of some of the victims that were there, and up to now, they have not seen the justice for the murders of their children,” the President said.
“So that – that is the DOJ’s responsibility to continue to examine all bits of comments, of statements, of testimony, and eventually of evidence, to see that is a – that justifies a case to be filed.”
Interpol to get PNP help
The PNP said it is prepared to assist the Interpol if it issues a Red Notice for the arrest of Duterte.
“If a warrant of arrest is issued and Interpol seeks our assistance, then the PNP is prepared to follow security protocols in coordination with our foreign counterparts,” PNP public information office chief Brig. Gen. Jean Fajardo said at a press conference yesterday at Camp Crame. Malacañang earlier said it would cooperate with the Interpol if the latter gets request from the ICC to arrest the former president.
At the hearing by the quad committee of the House of Representatives on Wednesday, Duterte dared the ICC to start investigating allegations that he ordered the summary execution of thousands of drug suspects.
Asked about preparations for potential action, Fajardo asserted that such mechanisms are already in place.
“There is no need to prepare specifically; this mechanism is already operational,” she said, underscoring the PNP’s capacity to extend assistance, especially in response to Interpol Red Notices.
“The same respect and courtesy is also extended to the Philippines when we seek assistance for our citizens abroad,” Fajardo said.
Saying there were collaborations with the Interpol in the past, Fajardo cited cases such as those of former Bamban, Tarlac mayor Alice Guo and former Negros Oriental congressman Arnolfo Teves Jr.
She also cited the case of an Indonesian national, wanted in his home country and apprehended in Central One Bagac, Bataan.
“Through the Interpol mechanism, we were able to facilitate the deportation process,” Fajardo explained.
Fajardo also defended PNP chief Gen. Rommel Francisco Marbil from Duterte’s accusation that he has not been effective in enforcing the law against illegal drugs.
“Records show over 1,000 officers were affected by the anti-drug campaign, more than 300 were killed, and nearly 1,000 were injured. Additionally, more than 300 have faced legal cases,” Fajardo said in Filipino.
On Duterte’s statement that he will raise P1 million for policemen affected by his administration’s drug war, Fajardo said that the initiative is a “welcome development.”
“We extend our appreciation to the former president for his initiative,” Fajardo said, adding that many police officers from 2016 to 2022 were “facing legal challenges, with some dismissed, others convicted, and some even incarcerated.”
Financial aid
Fajardo said that the PNP, under the leadership of Marbil, has taken steps to support officers by partnering with a financial institution to secure legal assistance for those implicated in cases related to legitimate operations.
“Our chief PNP has entered into a Memorandum of Agreement with this institution to provide legal assistance,” Fajardo noted.
Labor coalition NAGKAISA, meanwhile, welcomed Bersamin’s statement that the Philippine government would allow Duterte to let himself get investigated by the ICC.
“This is a positive step in showing the country’s commitment to international accountability mechanisms,” NAGKAISA said.
“We hope the government will remain consistent in its position if the ICC releases a warrant of arrest against Duterte,” it said.
The group stressed that cooperation with the Interpol and the ICC is critical in achieving justice for the thousands of victims of Duterte’s war on drugs. However, NAGKAISA remains skeptical of Duterte’s sincerity in surrendering to the ICC.
“I highly doubt Duterte would voluntarily surrender to the ICC. His supposed willingness to cooperate seems more like a camouflage,” NAGKAISA chair Sonny Matula said. — Mark Ernest Villeza, Mayen Jaymalin