Sen. Imee Marcos and CIDG Director General Nicolas Torre III. Photos: Senate Facebook
MANILA, Philippines – Sen. Imee Marcos asked if Criminal Investigation and Detection and Group (CIDG) Director General Nicolas Torre III should be charged with grave threats following his viral arrest threats to former President Rodrigo Duterte’s lawyers.
In the Senate Committee on Foreign Relations hearing on Thursday (April 3), Torre, along with the rest of the government officials involved in the March 11 arrest, were a no-show due to their invocation of the executive privilege and the sub judice rule, as stated in the March 31 letter of Executive Secretary Lucas Bersamin.
Committee chairperson Sen. Imee Marcos questioned Torre’s arrest threat to former Land Transportation Chief Martin Delgra, one of Duterte’s lawyers when he was asking the CIDG Director why Article 59 of the Rome Statute cannot be invoked.
Torre, as seen in videos, ordered first for the arrest of Executive Secretary Salvador Medialdea over supposed obstruction of justice and reading his Miranda rights.
“Kung inaresto niya si ES Medialdea to the local court bakit hindi niya dinala sa presinto o inaresto ng totoo? Bakit imbis na arestuhin at talagang ikulong, pinadala pa sa Hague, parang ang gulo?” Marcos asked.
Thereafter, Torre turned his attention to Delgra who he also almost manhandled when the lawyer was trying to explain Article 59 or the Arrest Proceedings of the Rome Statute mandating for judicial process before local courts immediately for any warrant subject. Delgra was also seen telling Torre about an accused’s right to counsel when the CIDG chief was trying to take him away from the former president.
Marcos called out Torre’s intent for ordering such arrests asking for its basis when the subjects were clearly not committing any crime.
“Sinabihan si Atty. Delgra na susunod na aaretuhin. Ano to? Pananakot ba ‘to? O talagang sinasabi niya kung anong gagawin niya next? Was he going to arrest him for what?” Marcos said.
“Was Atty. Delgra committing a crime? Wala naman eh hindi ba sa video? Nakaupo lang ‘yung tao eh. Bakit hindi niya tinuloy ‘yung aresto kay Atty. Delgra, gusto ko sana siyang tanungin eh,” she said.
Marcos expressed confusion over the government’s use of the Rome Statute provision due to conflicting statements.
The senator then showed the Department of Justice (DOJ) certification of the arrest dated March 12, a day after the arrest.
Secretary Jesus Crispin “Boying” Remulla during the first hearing said that the Rome Statute was not the law used as a basis for the former president’s arrest but rather Republic Act 9851 or the International Humanitarian Law.
However, the DOJ circular clearly references part 9 of Article 59 of the Rome Statute.
“Nakakahilo po kasi ang sabi nila hindi na nag-apply ‘yung ICC at hindi na nga tayo member. Bakit yung authority sa pag-aresto paulit-ulit na nagsasabi kay Atty. Delgra pati na rin dito sa DOJ circular na na ito ay dahil sa article 59 kaya nga kinakailangang ipaliwanag nila.,” Marcos said.
Should Torre be liable for Grave Threats?
Marcos then floated the question of Torre possibly being held liable for Grave Threats because of his actions.
“Kung wala namang krimen, eh ba’t siya nananakot?” she said.
“Isn’t it a crime of grave threats na bawal na bawal sa ating kapulisan. Art. 282 of the Revised Penal Code [which says] threatening to commit the crime of arbitrary detention is clearly a grave threat, hindi ba liable si General Torre diyan?” Marcos said.
Sen. Ronald “Bato” Dela Rosa, a former Philippine National Police Chief, agreed and said Torre was able to say such things because he was already drowning in power.
“Hindin lang liable madame chair, sa tingin ko eh talagang lasing na lasing siya sa kapangyarihan. Mukhang he went overboard. Lahat na lang viniolate niya,” Dela Rosa said.
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