DoJ: Government followed legal standards

The Department of Justice (DoJ) on Wednesday said the arrest of former president Rodrigo Duterte was conducted in accordance with both domestic and international standards. It assured the public the arrest on 11 March strictly followed legal procedures.

It said the execution of the International Criminal Court (ICC) warrant of arrest, which was received by the Philippine Center for Transnational Crime (PCTC) from Interpol, followed established protocols to ensure due process and the protection of the former president’s rights.

The Pre-Trial Chamber of the ICC issued the arrest warrant for the crime against humanity of murder under Article 7(1)(a), concerning Article 25(3)(a), of the Rome Statute. Despite the Philippines’ withdrawal from the ICC in 2019, the country remains a member state of Interpol.

Filipino law enforcement agents carried out the arrest as a matter of comity and cooperation with the international community.

The DoJ, citing Section 17 of Republic Act 9851, or an Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, said the Philippines may surrender accused persons to the appropriate international court for crimes punishable under the latter law, including crimes against humanity.

It said Interpol had played a crucial role in many cases pursued by the DoJ involving subjects who had fled the country to evade accountability.

“It is through Interpol that we are able to solve crimes on a global scale — a trend the Philippines has fallen victim to in many ways. Thus, cooperation with Interpol is imperative,” the DoJ said.

When the arrest warrant was received from Interpol, the Philippine National Police, in the presence of DoJ prosecutors, carried out the arrest at Ninoy Aquino International Airport as the former president arrived from Hong Kong.

DoJ prosecutors were present to observe the process and attest to its legality, ensuring that the arrest complied with both local and international standards.

Interpol Manila, PCTC and the PNP Criminal Investigation and Detection Group coordinated to ensure the operation proceeded smoothly, while law enforcement authorities formally informed Duterte of his rights and the charges against him, in compliance with Article 59 of the Rome Statute.

The DoJ affirmed the former president and his entourage were treated with utmost courtesy and consideration throughout the entire implementation process.

It confirmed that the arrest was conducted in a peaceful and orderly manner with no incidents of resistance or disorder during the process. The former president was treated in accordance with the law and all procedural safeguards were observed to protect his rights.