DOJ wants Panamanian rape suspect stripped of immunity

MANILA, Philippines - The Department of Justice (DOJ) pushed yesterday for a waiver of diplomatic immunity granted by the government to a Panamanian official accused of raping a 19-year-old Filipina.

In an interview, Secretary Leila de Lima said a waiver from the Panamanian government is an option to indict in Philippine court Erick Bairnals Shcks, the 35-year-old technical officer of the Panama Maritime Authority who was arrested over a rape complaint last April 24 but was ordered release from police custody by a Makati court after the Department of Foreign Affairs (DFA) granted him immunity.

“A government can always waive immunity for and on behalf of their diplomatic officials. I’m not sure of any precedent for that but I’m sure there is such a doctrine or principle that diplomatic immunity can always be waived subject to certain agreements and conditions,” she explained after a review of existing principles under international laws.

De Lima admitted that the possible move for waiver of immunity of Shcks should start from the DFA, which has a direct link to the Panamanian embassy.

The DOJ chief also said she was still checking whether diplomatic immunity is absolute and if it applies to heinous crimes and all ranks in the embassies and consular offices under international laws.

De Lima said her stand on this issue is to really bring Shcks to trial because the DOJ’s mandate is always to prosecute.

“Let’s consider the fact that rape is a grave offense. It’s not as simple as physical injury or theft or other minor offenses. Therefore, it’s important that we give justice to the victim if and when it is proven that indeed rape was committed,” she pointed out.

The DOJ chief said she is set to meet with the complainant and her lawyer for this purpose.

She said the Makati court that ordered Shcks’ release cannot be blamed because it had to rely on the immunity certification from the DFA.

De Lima said a check with the Bureau of Immigration showed that Schks is still in the country. She plans to issue lookout bulletin order to monitor if he leaves the country since the DOJ is currently barred from issuing watchlist or hold departure orders.

“I think the DFA is closely coordinating with the Panamanian embassy on this issue. Inter-state courtesy would demand that they should deal with us in good faith and therefore they should not sanction any attempt to evade our processes here in the Philippines,” she said.