Legislation not needed to create Duterte special court

MANILA, Philippines — There is no need for new legislation to create the special court that former president Rodrigo Duterte wished would handle his possible trial for the summary executions of thousands in his so-called war on drugs.

Sta. Rosa, Laguna Rep. Dan Fernandez said there is an existing law that allows the creation of such courts for hearing crimes of the scale allegedly perpetrated by the Duterte administration.

Official data placed drug war deaths during the Duterte administration at more than 7,000 while independent sources said the figure could reach more than 20,000.

“We have existing law that will govern this special case,” Fernandez told The STAR in a text message. He co-chairs the quad committee of the House of Representatives.

He said Section 18 of Republic Act (RA) 9851 or the “Act defining and penalizing crimes against international humanitarian law, genocide and other crimes against humanity, organizing jurisdiction, designating special courts and for related purposes” provides that Philippine courts, prosecutors and investigators shall have original and exclusive jurisdiction over the crimes punishable under this act.

“That will take a longer time,” Fernandez said, referring to the process of legislating a new law for the purpose.

“Since we have already existing law, we might as well designate our Philippine courts as mentioned in RA 9851. Designating a court in the judiciary will be the fastest and most economical way to do it,” he added.

“The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act. For these cases, the Commission on Human Rights, the Department of Justice, the Philippine National Police (PNP) or other concerned law enforcement agencies shall designate prosecutors or investigators as the case may be,” Fernandez said, quoting RA 9851.

“The State shall ensure that judges, prosecutors and investigators, especially those designated for purposes of this Act, receive effective training in human rights, international humanitarian law and international criminal law,” Fernandez added.

With Duterte’s pronouncement of his willingness to undergo trial, Fernandez said the DOJ should start working immediately by examining all the pieces of evidence presented before the quad comm by witnesses and resource persons.

Rep. Bienvenido Abante, also in a text message, said he is filing a bill on the creation of special courts to try cases of extrajudicial killings, particularly those related to drugs.

“To try to lessen the load of our courts….for PRRD (president Rodrigo Roa Duterte) wanting to create a special court to try him, he can be tried before special courts that I want created…not a special court for him,” Abante said.

Duterte expressed his wish to be tried by a special court at the quad comm hearing on Wednesday, or immediately after he dared the International Criminal Court to begin investigating him for crimes against humanity.

But he stressed he did not want to be prosecuted and tried by “white people,” apparently unaware that the ICC prosecutors and judges are of different nationalities.

“I don’t believe in whites. I would rather face a Filipino court. Even if I will not have a lawyer. Just me. And (the judge) can sentence me to death or reclusion perpetua. For as long as it is a Filipino court, I will abide by it,” Duterte told the quad comm.

“I will not allow a foreigner to judge me for the things that I have to do during my time as president of this republic,” he added.