DOJ: Philippines will comply with Interpol if Bato’s arrest requested
MANILA, Philippines — The Department of Justice (DOJ) said that the government would comply with a potential international arrest warrant, such as one issued by the International Criminal Court (ICC) or through Interpol, against Sen. Bato Dela Rosa.
While acknowledging that the country is no longer a member of the ICC, Chief State Counsel Dennis Chan said that diplomatic necessity and the principle of reciprocity in the international community might prompt the Philippine government to comply.
“So while legally hindi tayo ma-compel, but we are also weighing the diplomatic implications of that,” Chan said in a press briefing on Tuesday, November 11.
(So while we may not be legally compelled, we are also considering the diplomatic implications of that.)
Prosecutor General Anthony Fadullon also said the state would eventually have to comply, noting that one possible issue would be determining how long it would take to implement the action.
“As much as there has been no decision yet as to what route to take or what option to take, and as much as we have not yet received or seen a copy of the warrant, everything is still there. These are still options that are still being considered,” Fadullon said.
However, Chan said the DOJ has not received any warrant from Interpol.
Ombudsman Jesus Crispin "Boying" Remulla, in a radio interview on November 8, said that a warrant of arrest against the former Philippine National Police chief existed.
However, on November 10, the ICC said that it could not confirm the existence of the warrant of arrest against Dela Rosa.
Surrender or extradition. Chan explained that the government is “studying all options available” for the handover of Dela Rosa in case of an issuance of a warrant.
According to Chan, two options are available under the law, which are extradition or surrender.
“So lahat to in the theory space pa lang tayo. What we in the Department of Justice just want to come out in the open and explain that there are two options available to the state under RA (Republic Act) 9851, and that is extradition or surrender,” Chan said.
(So, all of this is still operating purely in the realm of theory. What we in the Department of Justice want to make public and explain is that there are two options available to the state under Republic Act [RA] 9851, and those are extradition or surrender.)
However, Fadullon also explained that the DOJ would wait for the Supreme Court’s resolution on the pending petitions regarding the handover of detained former president Rodrigo Duterte to the ICC before taking any definitive action.
He said the DOJ will wait for the high court to first decide whether the government’s initial move during the former president’s arrest in March was the proper course of action or if another option should be taken.
“If the court says it's extradition, then we will have to abide by the ruling of the Supreme Court,” Fadullon said.
It could be recalled that during the arrest of Duterte in March, the government acted on an Interpol warrant to arrest him before handing him over to the ICC.
The arrest of Duterte followed petitions before the Supreme Court challenging his arrest and the government's cooperation with Interpol.
On the first petition filed, Dela Rosa is one of the petitioners along with Duterte.
Duterte — who had appointed Dela Rosa as chief of the PNP — was turned over to the ICC after arriving from Hong Kong.
He was taken into custody for alleged crimes against humanity, such as murder, in connection with the thousands of deaths attributed to his administration’s anti-drug campaign.
As PNP chief, Dela Rosa spearheaded Oplan Tokhang, the main initiative of Duterte’s war on drugs.
Human rights organizations claim that the campaign’s death toll may have reached up to 30,000.
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