Senators’ ICC arrest to follow Duterte path

Malacañang on Monday said it was ready to coordinate with Interpol once an arrest warrant is formally issued for Senators Ronald “Bato” dela Rosa and Christopher “Bong” Go.

On Valentine’s Day, the International Criminal Court’s (ICC) Office of the Prosecutor named the two senators, along with former Justice Secretary Vitaliano Aguirre II, as alleged co-perpetrators in the deadly anti-drug campaign during former President Rodrigo Duterte’s administration.

Presidential Communications Undersecretary Claire Castro said any arrests would hew to the same process followed in the arrest of Duterte.

“That’s what happened before and that’s what will happen now,” Castro said in Filipino.

She pointed out the alleged crimes dated back to 2017 and stressed that the Palace was keeping its distance even as the ICC has begun legal proceedings against the accused.

“If this is a legal process coming from the ICC, we cannot interfere. The case was filed back in 2017, and President Marcos Jr. was not yet in office. So if it goes through the proper process, that is exactly what this government supports. Everything we do follows the proper process,” Castro said.

Asked if the Palace would facilitate an arrest even without local court proceedings, she pointed out the government followed the process when Duterte was arrested.

“That was done before, following our country’s laws, and our government coordinated with Interpol, which allowed former president Duterte to be brought to The Hague,” she said.

Castro: ICC trial likely impartial

Castro emphasized that the case is more likely to be impartial if heard by the ICC, a foreign body of which the Philippines is no longer a member, following Duterte’s order to withdraw from the Rome Statute.

“We can say that the cases can be filed and heard in Philippine courts, but we also have a law that allows the government to surrender alleged defendants to the ICC. It’s a choice to keep the process less political. Wouldn’t it be better if a neutral court — one not influenced or accused of bias — handles the case? That way, whether former president Duterte and his co-perpetrators win or lose, Filipinos cannot say the process was unfair, because it was impartial and could not be influenced,” she said.

The Philippines was a member of the Rome Statute from 1 November 2011 until 16 March 2019, officially withdrawing on 17 March 2019.

Supreme Court petitions still pending

Meanwhile, Partido ng Demokratikong Pilipino (PDP) vice chairman Alfonso Cusi criticized the Palace statement, saying what transpired when Duterte was arrested was wrong and has been questioned before the Supreme Court.

Go and Dela Rosa are both members of PDP.

“What happened before was wrong, and we have questioned it. There’s a case before the Supreme Court because it violated the law. We have a functioning justice system — why should we ignore it? We have our own sovereignty,” Cusi said in a telephone interview.

“Of course, if something was wrong before, why would we follow that same mistake again?” he added.

Cusi stressed the government must follow the rule of law and that any arrest warrant should be executed in the country.

“They should protect the rights of every Filipino. We can’t just surrender them. That’s why we questioned it in the Supreme Court, and we are still awaiting its decision,” he said.

Last year, lawyer Israelito Torreon, representing former president Duterte and Senator Dela Rosa, filed a 94-page petition for certiorari with the Supreme Court, asking for their immediate release and to stop the government from assisting the ICC in its probe of the drug war.

The petition also asked the High Court to issue a temporary restraining order (TRO) barring government officials or anyone acting under their authority from allowing ICC personnel to enter the country, facilitate their work, or cooperate with the investigation into the anti-drug campaign.

Palace warns of chaos

As the possible arrest of Senators Dela Rosa and Go looms — and is expected to be chaotic like Duterte’s arrest — Castro urged Filipinos not to take sides, especially since the serving of any warrant is meant to pursue justice for victims of the anti-drug campaign.

“No one should be encouraged to create chaos if a valid arrest warrant is being served. Again, if a case has legal basis, it should be heard so we can determine the truth. Justice will be served on both sides — justice for the victims of alleged extrajudicial killings, and justice for the accused who, if proven innocent, would be acquitted,” she said.

Castro also questioned why some individuals, particularly Dela Rosa, who has been absent from the Senate the past six months, had gone into hiding.

“First of all, if you are hiding, what does that mean? Are you guilty? Are you hiding to avoid being heard or to evade accountability? There’s no need to hide if you know you are innocent. They should face the process with courage,” she said.

She clarified, however, that the government will not actively pursue those named by the ICC as co-perpetrators as long as no arrest warrant has been officially issued.

“When a warrant of arrest is issued, it must be implemented. But for now, there’s no reason to monitor them because the government has not yet received any arrest warrants,” Castro said.