‘Duterte may defend himself should the ICC pursue the investigation, and later, the trial, but this will depend on the cooperation of the new Marcos Jr. administration.’
WHEN the Duterte administration was in the thick of its controversial and ruthless war against illegal drugs, critics and human rights advocates had been busy tracking the numbers and documenting alleged victims of extrajudicial killings (EJK).
Years have passed and we presume these data, affidavits and pieces of evidence detailing the abuses of President Duterte and his security forces have reached thousands in volume and tons in weight that they could fill several trucks.
But the alleged victims, their lawyers and supporters chose to ignore the local judicial system in deference to something that was not even written in the Constitution: that sitting Presidents, by tradition, are immune from suit. The cases against Presidents Joseph Estrada, Gloria Macapagal-Arroyo and Benigno Aquino III were filed after they left the Office of the President.
The situation of former President Duterte is different from his predecessors. Human rights watchdogs claim his alleged offenses involved the loss of lives for some 12,000 Filipinos, mostly poor and uneducated. At least 2,500 persons in this list were reportedly victims of extra judicial killings. Duterte’s critics believe these are crimes against humanity itself, thus the move to seek justice from the International Criminal Court (ICC), starting in 2018.
Duterte insisted that the ICC has no jurisdiction to investigate the killings during the war on drugs. He used the country’s immigration and diplomatic prerogatives to parry any attempt by prosecutors of the ICC to begin their work. On March 17, 2019, the Philippines even withdrew its membership in the court, although lawyer-critics of the President this will not absolve him of responsibility.
Time and again, former President Duterte maintained that violence and fear are necessary in law enforcement, particularly in the fight against drugs. He promised to support policemen in this fight whenever they encounter legal problems in pursuance of their official duty. But note that the policemen in Caloocan City who obeyed his “Kill ‘em” orders are still in jail for murder, and private citizen Duterte is now trying to adjust to a new life without pomp and power.
Duterte may defend himself should the ICC pursue the investigation, and later, the trial, but this will depend on the cooperation of the new Marcos Jr. administration. But what many are waiting for is how the alleged victims would seek redress from our local courts. After all, we have a working judicial system that allows for some degree of independence and tradition of fairness.
Bring ‘em on, said Duterte. So hale him to court, but our courts and let him face trial before our Filipino judges.
