INTERNATIONAL Criminal Court Prosecutor Karim Khan yesterday said the court will ask the Philippine government to provide proof of genuine domestic investigation on the deaths and human rights violations associated with the bloody crackdown on the illegal drugs trade by the Duterte administration.
The submission of proof is the next step after Khan earlier agreed to defer the conduct of investigation on the bloody war on drugs upon the request of Manila.
“The Office of the Prosecutor takes the view that a State requesting deferral under article 18(2) of the Rome Statute must provide information concerning its investigations to support its request. Such information must consist of tangible evidence, of probative value and a sufficient degree of specificity, demonstrating that concrete and progressive investigative steps have been or are currently being undertaken to ascertain the responsibility of persons for alleged conduct falling within the scope of the authorised ICC investigation,” Khan said in a statement posted on the ICC’s website.
He added that “any domestic proceedings must be conducted genuinely as required by the Statute.” Khan said he will request that such information be provided promptly, as envisaged by Article 18 of the Statute and as necessary to ensure that there is no impunity for crimes.
Accordingly, and pursuant to Rule 53 of the ICC Rules of Procedure and Evidence, the Prosecutor will in the coming days request the Philippines to provide substantiating information regarding the investigations and proceedings referenced in its deferral request. In asking for the deferment, the Duterte government cited the referral of the Department of Justice to the National Bureau of Investigation of 52 “nanlaban” cases where deaths occurred in police anti-drug operations.
The DOJ, which reviewed the 52 cases, noted the police violation of protocols as well as the excessive use of force against some of the victims. Justice Secretary Menardo Guevarra declined to comment on the latest ICC statement, saying the proper agency to do so is the Department of Foreign of Affairs. The DFA has yet to issue a statement on the latest development. Guevarra said the NBI is now doing its case build-up and, if evidence warrants, will file criminal cases against the cops involved.
Malacanang had claimed that efforts mainly by the DOJ to investigate the drug war were enough and does not need the ICC’s intervention. Earlier, the International Coalition for Human Rights in the Philippines and the National Union of Peoples Lawyers said there is a need for the ICC to continue with the conduct of a full-blown probe rights violation.
The Free Legal Assistance Group also called on Khan to immediately lift the suspension of the investigation into the drug war killings.
The group said the DOJ review covers only a fraction of the killings since Duterte came into power in 2016.
“Of the 52 cases allegedly investigated by the DOJ, only 36 occurred within 1 July 2016 and 16 March 2019, the period covered by the ICC investigation. This figure is but 0. 12 to 0.3 percent of the 12, 000 to 30,000 persons killed during the period,” FLAG said in its letter to Khan.
It added that “not a single killing” that occurred between November 1, 2011 to June 30, 2016 in Davao city was included among the 52 cases allegedly investigated. Khan reiterated that they will not stop analyzing information they already have even if the investigative activities are temporarily suspended.
“Although the Office’s investigation regarding the matters referenced in the Deferral Request is temporarily suspended, as per its obligations under the Statute and practice in similar situations, the Office will continue its analysis of information already in its possession and any new information it may receive from third parties,” Khan said. He added that his office will also “actively assess the need for applications to the Pre-Trial Chamber for authority to conduct necessary investigative steps for the preser- vation of evidence under Article 18(6) of the Statute.”
He added his office will continue to be attentive to the security, safety and wellbeing of victims and witnesses, and the protection and measures foreseen under the Statute.
