FPRRD's Arrest and Legal Battles: A Controversial ICC Case

FPRRD's Arrest and Legal Battles: A Controversial ICC Case | Daily Tribune

Attorney Nicholas Kaufman, former ICC prosecutor and now FPRRD’s legal counsel, is convinced the former president will be acquitted by the ICC.

Well, many argue that FPRRD was kidnapped and not arrested by the Philippine National Police led by M/Gen. Nicolas Torre III last 11 March, although the government insists otherwise. The debate on all fronts goes on. How this will end is something we cannot determine at this point.

FPRRD was with his family, with daughter Kitty Duterte covering on video the events occurring at Villamor Airbase. Former executive secretary Salvador Medialdea was also with the former president. The footage wouldn’t lie — FPRRD and Medialdea were asking for a copy of the arrest warrant but none in hard copy was shown.

Indeed, the 11 March event raised a lot of questions which we dwelt on in The Bridge last Sunday. What occurred was a reversal of the government’s stand that it would not allow the ICC to interfere in our affairs being a sovereign nation and non-member of the international court.

The negative reactions, the outpouring of mass support from Batanes to Tawi-Tawi, generated protests and prayer rallies in various parts of the country, which indicated perhaps a strong, popular demand for a regime change.

Duterte remained so popular even after his term expired three years ago that oppressing him may lead to Edsa Quatro, according to some knowledgeable sources. We hope, though, that we don’t reach the point where history will be repeated.

Over 40 so-called victims’ families of the drug war, alleging a “crime against humanity,” lodged a complaint at the ICC instead of filing cases here against the architects of the drug war which included Sen. Bato dela Rosa, then the PNP chief.

As it turned out, only a few so-called victims’ families were able to substantiate their allegations of extrajudicial killings by police and therefore not many complaints reached the Philippine courts.

At the time of the drug war, the Philippines was close to becoming a narco-state, according to the authorities. With this, Duterte was steadfast in the campaign against drug dealers and syndicates even while he was mayor of Davao City.

The Duterte family has filed several petitions, including for habeas corpus, before the Supreme Court seeking answers and relief which would resolve the legitimacy of the controversial government act. We have no idea how the High Court will decide on the Duterte petitions, a first case of that nature where the ICC set aside a functioning Philippine judicial system.

Hopefully, the SC resolves the petitions questioning, among other things, the banishment of FPRRD to The Hague. DoJ Secretary Jesus Remulla maintained the government action was legal, legitimate and due process was applied. The Presidential Communications Office through Undersecretary Claire Castro was hard on that DoJ point.

Ironically, Solicitor General Menardo Guevarra abstained from the case on the clear legal position that we don’t belong to the ICC anymore. Troubling, but there appears no common understanding and agreement by high government legal officials on the issue and on ICC’s take on our judicial system and processes.

The major argument of the ICC for coming into a member country is if it does not have a working justice system. It concluded that we don’t have a working system which is obviously baseless and certainly grossly erroneous. The conclusion only proves ICC’s ignorance, bias, discrimination, negative attitude, belittlement, and taking us for a poor underdeveloped country.

If some aren’t aware, warrants of arrest have been issued against Israel’s Benjamin Netanyahu and Yoan Gallant by the ICC but it is selective and powerless, among other things, to enforce its own order. Disappointing!

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