Senate panel initial findings see ‘glaring violations’ of Duterte’s constitutional rights during arrest

Sen. Imee Marcos. FILE

MANILA, Philippines – Senate foreign relations committee chairperson Imee Marcos on Thursday reported to the nation that the panel found out “glaring violations” of former President Rodrigo Duterte’s constitutional rights as well as compounded legal flaws committed by the Philippine government during the arrest and surrender of the ex-state chief to the International Criminal Court (ICC).

After careful analysis of the hearing last March 20, the committee came up with three preliminary findings, all pointing to the Philippine government’s legal lapses and supposed real intentions for surrendering the ex-leader.

First: PH no legal obligation to arrest, turn over Duterte to ICC

First, Imee established that the Philippines had “no legal obligation to arrest the former president and turn him over to the ICC” due to documentary insufficiencies.

Citing only the receipt of a diffusion notice instead of a red alert notice from the International Criminal Police Organization (Interpol), the senator stressed its lack of verification of compliance with Article III of the Interpol constitution.

According to the provision, the Interpol is forbidden from undertaking any intervention or activities of a political, military, religious or racial character.

“There is also no indication that the ICC even requested for the surrender of the former president after his provisional arrest and there’s likewise no indication that the ICC requested extradition after the arrest,” she said.

She also said that Justice Secretary Jesus Crispin “Boying” Remulla’s position was “deeply flawed” because in the International Humanitarian Law (IHL), customary law cannot apply. In the case of Duterte, he is accused of crimes against humanity, not war crimes.”

Second: PH gov’t assisted ICC in Duterte arrest

Despite repeated denials by key officials, Imee did not back down grilling the Marcos cabinet if the president already changed its position on the ICC. Conflicting answers and long debates led Remulla to somewhat admit that there was indeed a change of heart by the president, which the senator concluded so.

“The administration already started preparations prior to March 11, the PNP (Philippine National Police) mobilized units on March 10. The National Security Adviser Mr. Año was already tracking the former president’s camo before the arrest,” she said.

“Even before the ICC prosecutor applied for a warrant of arrest, there were already statements by key executive officials that the administration will cooperate with the ICC courses they request through Interpol to arrest the former president,” she said.

Interior Secretary Jonvic Remulla’s gear switch from admitting on national television the existence of a “core group” who planned the arrest to denying it, saying they just held a meeting after hearing about the warrant was likewise a clear indication of a “cover up,” said Imee.

The “core group” consisted of himself, Año, Defense Secretary Gilbert Teodoro and the president himself.

“It is set to cover up what was already aired in the media,” she said.

“What had already come to pass was an indication of a comprehensive plan to arrest the former president [that had] already been in place even before the date indicated in the ICC warrant of arrest March 11,” she said.

Third: Glaring violations of the rights of the former president

The third committee finding agreed that there were “glaring violations” of the constitutional rights of the former president even as officials tried to hold ground defending their move and position.

“No warrant was issued by a Philippine court, the arrest did not fall within the exceptions of a warrantless arrest. Meanwhile Gen. Torre invoked 125 Article of the Revised Penal Code only applying to warrantless arrest,” she said.

Furthermore, Duterte’s constitutional right to liberty of abode was also disregarded, according to the senator.

“No court order was issued mandating that the former president be taken out of the Philippines against his will,” she said.

Former president Duterte was likewise said to be deprived of the right to be visited or to have conferences with immediate family members as indicated under Sec.2 of Republic Act 7438.

“General Torre admitted he did not allow Vice President Zara C. Duterte to visit the former president in Villamor Air Base contrary to RA 7438,” she said.

There was also a conflict in the applicability and inapplicability of the Rome Statute in Duterte’s arrest, according to Imee.

After 13 hours upon his arrival from Hong Kong, Duterte was detained at the Villamor Air Base and bundled into a chartered flight bound for The Hague, Netherlands. Clearly, he was not brought before a Philippine court despite his plea.

Article 59 (Arrest Proceedings in a Custodial State) of the Rome Statute specifically states that a person arrested shall be brought promptly before the competent judicial authority in the custodial State.

During the hearing, Remulla defended that the basis for Duterte’s arrest was not the Rome Statute but the IHL that gives ICC jurisdiction over individuals, not states, committing crimes such as genocide, war crimes and crimes against humanity.

This however was conflicted by a Department of Justice certification Prosecutor General Richard Fadullon saying the agency acted as the “competent judicial authority” who made sure the arrest complies with Article 59.

In the same tone, DOJ Spokesperson Mico Clavano likewise said the same thing in a March 13 statement.

“Therefore it’s apparent that the DOJ first tried to convince the public that the requirements under Art. 59 were complied with and then later on when such stance became untenable decided to ditch Article 59 and the Rome Statute altogether and pursued another theory extrajudicial rendition and invoked RA 9851 particularly Art. 17,” she said.

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