Former presidential spokesperson Harry Roque announced on Monday that he plans to apply for asylum in the Netherlands, where he will join former President Rodrigo Duterte’s legal team to defend him before the International Criminal Court (ICC).

Speaking to reporters in a video link, Roque explained that he would apply for asylum in The Netherlands due to what he described as “political persecution through unjust prosecution” by the House Quad-Committee.

“Well, I’m formally announcing that after a meeting today, I’m formally filing for asylum here in the Netherlands. As soon as my application of asylum is received, I do have rights to non-refoulement,” Roque said.

“Non-refoulement under the international law means number one, non-deportation until matapos ‘yung imbestigasyon if I’m entitled to an asylum status, and number two, non-prosecution for illegal entry,” he added.

To recall, the former Palace mouthpiece reportedly left the country last year amid the Congressional probe into his alleged involvement in Lucky South 99 Corporation, a raided Philippine Offshore Gaming Operators (POGO) hub in Porac, Pampanga.

He is facing human trafficking charges for his alleged involvement in the POGO firm. He also has an outstanding contempt order from the House of Representatives for repeatedly failing to attend its mega committee hearings.

Roque stressed that he could not come back to the Philippines as he intends to “defend” Duterte, who is currently in The Hague due to his alleged crimes against humanity in his drug war.

“I’m sorry, I cannot come home. I have to defend my president,” he said.

Roque also said that his petition challenging the validity of the lower chamber’s investigation into his alleged involvement in the raided POGO hub in Pampanga remains pending before the Supreme Court.

Marcos warned over Duterte’s ‘kidnapping’

Roque, an international law expert, said President Ferdinand Marcos Jr. and other top government officials face legal liabilities for the government-orchestrated abduction and transfer of Duterte to the ICC.

The other officials Roque named were National Security Adviser Eduardo Año, Defense Secretary Gilbert Teodoro, and Interior Secretary Jonvic Remulla.

Roque described Duterte’s arrest and extradition to the ICC as a “kidnapping,” saying it violated the due process provisions outlined in the Rome Statute which established the ICC.

“It was a kidnapping. According to Article 59 of the Rome Statute, if an accused is to be surrendered to the ICC, he must first be presented to a ‘competent judicial authority’ — a local Filipino judge and court — to validate the warrant, confirm the identity of the accused, and ensure that his rights were upheld during the arrest,” Roque said.

He said that Duterte was denied this process and was “whisked away to an airbase which is not a court.” He criticized Interior Secretary Remulla for the “selective” application of ICC procedures.

“DILG Secretary Remulla cannot cherry pick and claim that the ICC’s arrest procedures did not apply because the Philippines is no longer an ICC member. If they recognized ICC jurisdiction over Duterte, then they must also adhere to the ICC’s arrest protocols, including Article 59,” he said.

Duterte’s former spokesperson said he is preparing to challenge the ICC’s jurisdiction ahead of the confirmation of charges hearing scheduled for 23 September. He pointed out that allowing Duterte’s transfer under legally questionable circumstances could set a dangerous precedent for future ICC proceedings.