GOVERNMENT authorities yesterday said they have yet to get any communication from the International Criminal Police Organization (Interpol) or the International Criminal Court (ICC) regarding the reported warrant of arrest issued against former president Rodrigo “Rody” Duterte.
Duterte is being investigated by the ICC for alleged crimes against humanity in relation the deaths of thousands of victims of his government’s bloody campaign against illegal drugs.
The ICC – Office of the Prosecutor of the ICC was mum on the issue as it declined to address or confirm reports that the international tribunal has ordered the arrest of the former president.
“The ICC Office of the Prosecutor does not comment on ongoing investigations and has no comment on these reports,” it said in a message to Filipino reporters covering the Justice beat.
“Confidentiality is a crucial part of our work and is essential to protect the integrity of investigations and to ensure the safety and security of victims, witnesses, and all those with whom the Office interacts,” it added.
Communications Undersecretary and Palace Press Officer Claire Castro said Malacañang has not received any official communication from the Interpol on the reported ICC arrest warrant.
‘’Wala pa po tayong natatanggap na anumang communication patungkol sa red notice (We have not received any communication with regards to a red notice),” Castro said in a briefing at the Palace.
The Interpol defines a “Red Notice” as a request to locate and provisionally arrest an individual pending extradition, surrender, or similar legal action.
Castro said there is likewise no communication from the ICC that it has ordered the arrest of the former president.
‘’As of the moment po, wala pa po tayong nakukuhang communication, official communication… at kung mayroon na po tayong official copy, ipapakita po namin agad sa inyo (As of the moment, we have not received any communication, any official communication… and if we already have the official copy, we will show it to you),” she said.
Assistant Secretary Jose Dominic Clavano of the Department of Justice (DOJ) and
National Bureau of Investigation (NBI) Director Jaime Santiago said they have yet to receive any formal notice from the ICC or the Interpol regarding the arrest warrant.
In a press briefing at Camp Crame, PNP spokesperson Brig. Gen. Jean Fajardo said the PNP has no “verifiable information” that an arrest warrant had been issued by the ICC against Duterte.
ICC Assistant to Counsel lawyer Kristina Conti likewise said she could not confirm the existence of the ICC arrest warrant.
Solicitor General Menardo Guevarra said the Department of Foreign Affairs (DFA) is the “official entry point” for such notice or communication as a matter of diplomatic courtesy.
The DFA has yet to issue a statement on the matter.
Guevarra on Sunday denied that the ICC has issued an arrest warrant against Duterte.
“We have not received any such notice from the ICC,” was Guevarra’s brief response when asked for confirmation.
NOTIFICATION PROCESS
Clavano said the ICC can issue the arrest warrant without notifying the Philippine government since the country is no longer a member of the Rome Statute that created the ICC.
Clavano told reporters that when Manila was still a member of the ICC, the process for serving an arrest warrant was clear and formal: the ICC would notify the Office of the President, the DFA, or the DOJ itself as the primary law enforcement authority.
“Dahil hindi na tayo member state baka hindi po dumaan sa normal process yung pag-serve ng notice satin dahil kung member state pa po tayo, the proper process would be to inform either the Office of the President, the DFA, or the DOJ which handles the law enforcement (The service of notice may no longer go through the normal process. If we are still a member state, the proper process would be to inform either the Office of the President, the DFA or the DOJ which handles law enforcement),” he explained.
He said the ICC could bypass the national government altogether.
“Dahil po di na tayo miyembro ay pwede naman sila dumiretso sa law enforcement agency, pwede rin silang dumiretso sa third party country na miyembro pa rin ng ICC so medyo malawak yung magiging options ng ICC ngayon dahil nga hindi po tayo miyembro at hindi na po tayo formal na nasa ICC (Since we are no longer a member, the ICC may go directly to the law enforcement agency, they can also go to a third party country that is an ICC member, so they have many options since we are no longer in the ICC),” he added.
Santiaog, when asked to comment on the reported ICC arrest warrant, said: “Negative ho Sir. Mukhang fake news yan (Negative sir. It seems that is fake news).”
While Conti said she could not verify that an arrest warrant has been issued, it is possible that the ICC could already ordered the arrest of Duterte.
“Ako hindi ko isinasantabi na posibleng totoo. Posibleng totoo, kaya lang ang hirap kung kami naman ang magkumpirma (I am not dismissing the possibility that it could be true. It could be possible, but right now it is difficult for us to confirm that),” Conti told radio DZBB on Monday.
She said only the ICC – Office of the Prosecutor or the Philippine government could confirm the alleged issuance of a warrant.
Clavano said the DOJ is also verifying, through the Office of the Prosecutor General, if a local court has issued a warrant against Duterte.
But he said they have yet to receive any information on that.
“Wala pa naman po tayong na-receive na (We have not received) any notice ng (of a) subpoena or arrest warrant from any local courts… it might be a bit premature to be talking about what will happen once there’s an issuance of a warrant of arrest but we are ready to receive it and we are also ready to process it if in case it comes from the Interpol,” he added.
DUTY-BOUND
Fajardo said the PNP is “duty-bound” to assist the Interpol in arresting Duterte.
Fajardo said that since the ICC has no enforcement mechanism, it normally requests the assistance of Interpol in the enforcement of its arrest warrants.
“Interpol, as a matter of procedure, issues either Blue Notice or Red Notice. This is an international alert, it’s not an arrest warrant,” she said in explaining the process.
“Then (Interpol) will send an alert to law enforcement agencies, including the PNP, advising us that this particular person is being sought for investigation or there is an arrest order,” she added.
Fajardo said that “as of now, we have no verifiable information as to the reported warrant of arrest issued by the ICC,” adding that the Interpol has also not made any coordination with them about the Red Notice.
Asked if Interpol has issued a Red Notice against Duterte, Fajardo said: “None so far.”
Fajardo said Interpol helped the Philippines in arresting suspect s who have fled to other countries, including former Bamban, Tarlac mayor Alice Guo, who is wanted for crimes in relation to the illegal operation of offshore gaming hubs in her town. She was arrested in Indonesia in September last year, months after fleeing the Philippines.
“If Interpol will seek our assistance, through their National Central Bureau, then the PNP has a legal obligation to reciprocate the courtesy that was given to us by the Interpol,” Fajardo said.
“Since the PNP is a member of the International Criminal Police Organization, we are duty-bound to accord the same courtesy accorded to us by the other foreign states… If there will be a request for police assistance in implementing this warrant, then the PNP is obligated to honor that obligation under the principle of reciprocity,” she added.
On reports that the PNP has readied some 7,000 policemen to effect the arrest of Duterte, Fajardo said: “There is no truth to that.”
Nevertheless, she said the PNP is “prepared for any eventuality in case there is a request for help from the Interpol.”
Clavano said that while they could not yet confirm the issuance of the ICC arrest warrant, the government is on standby.
“We can only verify documents that come into the DOJ… But we’re ready for whatever happens,” he said.
Castro reiterated that the Philippine government is obliged to respond if Interpol makes an official request.
She also said local authorities are prepared for any eventuality.
‘’Handa naman po ang law enforcement agencies natin kung ano po ang sinasabi ng batas, kung kinakailangan po na i-serve ‘yung warrant of arrest because of the request of Interpol, ano’t-ano man po ang mangyayari basta legal, gagawin po ‘yan ng pamahalaan (Our law enforcement agencies are ready to implement what is stated under the law, if we need to serve the warrant of arrest as per request of the Interpol, we will do it as long as it is legal),” she said.
Fajardo also said reports about the supposed “movements” of policemen in Davao City has nothing to do with rumors about the ICC’s issuance of an arrest warrant against Duterte.
She said these are part of the “simulation exercise” being conducted by the local PNP in relation to the upcoming national and local elections.
“We have to stress the point that this is not only limited in Davao. Even in other regions, they (police units) are conducting simulation exercise, communication exercise and other tabletop exercise, again, as part of our security preparation for elections,” she said.
Asked if the PNP has already laid out plans in case the ICC orders the arrest of Duterte, Fajardo said: “Of course we’ve discussed that because we are hearing some news. And the PNP is looking at the development with respect to the possible issuance of warrant of arrest against the former president.”
Castro said that the ICC, if it really has issued a warrant, can serve it to Duterte in Hong Kong where the former president is currently is on vacation.
Duterte flew to Hongkong last Friday to attend a thanksgiving gathering with OFWs. During the event, he teased the OFWs that he may stay for a month and would have time to spend with them, especially the lonely single women.
Yesterday, former presidential spokesperson Harry Roque said Duterte is scheduled to arrive in Manila today at 4:35 p.m. via Cathay Pacific at Terminal 3 of the Ninoy Aquino International Airport.
Castro declined to comment when asked about the possibility of Duterte staying abroad or fleeing the country to evade possible arrest.
“As of now, we are not thinking or contemplating about the (former) President evading the law. So, maybe I could not answer as of the moment. It’s kind of hypothetical. We cannot conclude that there is this propensity on the part of former President Duterte that he would escape considering he was the one who asked for this,” she said, adding that Duterte himself had previously said that he is prepared to face the ICC.
‘FACE ARREST’
Manila Rep. Joel Chua, a member of the House prosecution panel in the pending impeachment trial against Vice President Sara Duterte, said she and her father should face the arrest warrant from the ICC once it comes out to prove their claim of innocence.
“Kung totoo naman po ang paniniwala nila na wala silang kinalaman dito, siguro mas maganda na harapin po nila ito ng sa ganun maipahayag po nila yung kanilang side (If what they believe is true, that they do not have anything to do with it, perhaps it’s better for them to just face this so they can express their side),” Chua told a press conference.
Chua, chair of the House Committee on Good Government and Public Accountability, laughed off the former president’s assertion that he is innocent because he only did what he had to do to ensure peace and order in the country.
He said the previous administration’s anti-drug campaign led to thousands of extrajudicial killings, which deprived the victims of the right to due process.
“Unang-una meron tayong tinatawag na rule of law. Pangalawa, kaya siya nililitis ng ICC dahil sa crimes against humanity kung saan libu-libo sa mga kababayan natin ang hindi nagkaroon ng pagkakataon na malitis (First of all we have what is called the rule of law. Secondly, the reason is being tried by the ICC is for crimes against humanity where thousands of our people were deprived of the right to trial),” he said.
Chua also said the impeachment trial of the vice president will still continue even in the event that she is invited to attend the ICC’s investigation at The Hague in The Netherlands.
“I think it’s still okay if she doesn’t regularly attend the Senate trial because her side will basically say she is not guilty of the charges. So, the impeachment trial may still proceed, unless her presence is really required,” he said.
If that happens and the vice president is unavailable to attend the impeachment trial in the Senate, Chua said her camp will be asked by the Impeachment Court to submit a judicial affidavit.
FOLLOW THE LAW
Castro urged supporters of the former president to be mindful of the law and to follow them, especially when the ICC arrest warrant is issued and served.
She said the government is ready to prevent any unrest or chaos.
“Iyung mga tao, taumbayan, kung sino man ‘yung mga supporters, makinig na lamang po kayo kung ano ‘yung sinasabi ng batas (To the public, the supporters of the former president are, let us follow the law),” she said.
Castro also reminded the former president that no matter what his reasons were, his administration should have observed and accorded due process to everyone, including the accused or suspects in the illegal drug operations in the country.
In his speech during the Hong Kong event, Duterte maintained that all his actions as president were aimed at ensuring peace and order in the country.
“Patungkol naman po doon sa sinasabi niya na wala siyang kasalanan, marami na po tayong nadinig, siya mismo po ang umamin sa hearing sa quad comm a tsaka sa Senado – marami siyang inamin (About his claims that he did not commit any sin, we have already heard a lot from him. Wasn’t he the one who admitted during the hearing of the quad comm and the Senate – didn’t he admit a lot there?),” she said.
She noted that during the congressional hearings, Duterte said that he encouraged policemen to provoke suspects to fight it out with authorities to justice their killing.
“There should be due process. We have to give the suspect/any accused the right for this due process – we should not cut the process. And he said, why did he do it? To resolve the problems faster, to reduce the problems. But that is not the process, is it not a sin?” she asked in mixed English and Filipino.
‘POLITICAL MANEUVERINGS’
Partido Lakas ng Masa senatorial bet Luke Espiritu urged the public to keep a close watch for political maneuverings relative to the reported move of the ICC to arrest the former president.
Speaking to journalists at a press conference organized by the Cagayan de Oro Press Club at the Philtown Hotel, the workers’ rights lawyer said if Duterte should undergo trial at all, it should be for the victims of his “crimes against humanity” rather than as part of a political vendetta between his family and the Marcos administration.
Espiritu reminded the media of the prosecution, imprisonment, and eventual release from jail of former presidents Joseph Estrada and Gloria Macapagal-Arroyo due to plunder, and senators Bong Revilla, Jinggoy Estrada, and Juan Ponce Enrile, who were indicted in the pork barrel scam of 2013. – With Victor Reyes, Wendell Vigilia and Peter Tabingo
