Can a country exercise its legal jurisdiction extraterritorially?
Can the United States go beyond its territorial boundaries and impose its domestic laws upon the citizens of an independent nation such as ours? Should we allow a foreign law that supposedly promotes respect for universal human rights to suppress and curtail the civil rights of a Filipino? Is it not a direct affront to Philippine sovereignty?
I have raised these questions in light of the American government's sanctions on Kingdom of Jesus Christ Pastor Apollo Quiboloy for alleged human rights violations. Last week, the Department of Treasury's Office of Foreign Assets Control, or OFAC decided to freeze the Pastor's assets and interests in property within and outside American territory. Quiboloy and 39 other individuals and entities were tagged as corrupt actors and rights abusers.
In enforcing the Global Magnitsky Human Right Accountability Act of 2016, the treasury department designated the televangelist as "a foreign person responsible for or complicit in, or has directly or indirectly engaged in serious human rights abuse."
Presumption of innocence as a Cardinal principle
Take note the church leader has yet to be tried or prosecuted in any US court. So far, he has been denied the opportunity to defend himself against the accusations.
Nonetheless, the OFAC took punitive sanctions against the Pastor before an impartial tribunal could determine his guilt beyond reasonable doubt. As pointed out by Quiboloy's defense counsel, the OFAC made it appear as if the Pastor is already a convicted felon. Let me reiterate that persons accused of a crime are presumed innocent until proven otherwise. Definitely, there is a violation of Quiboloy's right to due process.
The Bill of Rights under our 1987 Constitution and the Due Process Clause stipulated in the 14th Amendment of the US Constitution are very clear about this matter. "No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws."
In my opinion, freezing the properties of Quiboloy without due process of law contravenes the Philippine and American constitutions.
I was also not surprised that Quiboloy's legal team in the US were critical, at the same time apologetic, of their government's decision. The lawyers described the treasury department's outrageous and embarrassing press release as a sad commentary on the current state of American jurisprudence. I also agree that it is against the American way of administering justice.
The KJC founder has the right to be heard by an independent court of law. His properties should not be blocked or confiscated based on mere allegations or assumptions. The American court may have the legal basis to prosecute the Pastor, but it has no right to persecute him.
What is the Global Magnitsky Act of 2016?
The Global Magnitsky Human Right Accountability Act of 2016 imposes sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights. The law was named after the late Russian whistleblower Sergei Magnitsky who was tortured and killed in 2009. He exposed corruption in the top echelons of the Russian government.
Under the law, the U.S. President may impose sanctions on a "foreign person" who: (1) is responsible for gross violations of human rights committed against individuals in any foreign country; (2) acted as an agent of extrajudicial killings, torture and other human rights crimes; (3) is a government official or a senior associate responsible for or complicit in acts of significant corruption; and (4) has materially assisted or sponsored corrupt practices. The President is authorized to deny the entry of said foreign persons on American soil and block their properties and interests of property.
In my view, the extraterritorial application of the Global Magnitsky Act undermines the sovereignty of an independent state like the Philippines. The law should only take effect if the accused are state actors and government officials. If the defendant is a private citizen, they are entitled to a fair trial in a criminal court. The financial sanctions on Pastor Quiboloy are unjust because he has not been found guilty of any crime.
It also behooves me that the American government has not issued an extradition request for Quiboloy. Under Presidential Decree 1069 (Philippine Extradition Treaty Law), the U.S. can send a note verbale to our Secretary of Foreign Affairs, who ascertains that the request meets the requirements of the extradition treaty. The foreign affairs department then forwards it to the Secretary of Justice, who designates an attorney to oversee the case. The lawyer files a petition with the proper Court of First Instance, which has the exclusive power to hear and decide the case. The accused can still appeal the case.
Be that as it may, Pastor Quiboloy enjoys the presumption of innocence. The Philippine and American governments should recognize and uphold Quiboloy's fundamental human rights.
