DOJ: Asylum claims must not shield fugitives from criminal cases

Justice Secretary Frederick Vida said Thursday that the government would respect asylum proceedings involving fugitives abroad but continue pursuing their return to the Philippines to face criminal charges.

Vida said the government must make clear to foreign authorities that its efforts to bring fugitives home are based on criminal cases, not political persecution.

“When we make our representations, it should be clear that our pursuit of them is not because of a political issue, but because of a criminal case,” Vida said in an interview.

His remarks came amid efforts to bring back several high-profile individuals seeking asylum overseas, including former Ako Bicol party-list Rep. Zaldy Co, who has applied for political asylum in France.

In April, Malacañang confirmed that Co had been released from Czech custody and was in France, where he filed an asylum application reportedly on the grounds of political persecution.

The Philippine government has maintained that Co must return to the country to face graft and malversation charges.

Vida said Philippine authorities must carefully present their cases to countries where fugitives are seeking protection, particularly by demonstrating that the charges involve ordinary criminal offenses and are not politically motivated.

“The crime that he is facing, or the case that he is facing here, is a case that is also considered a crime there,” he said.

Vida said the DOJ would respect the asylum process but hoped foreign authorities would eventually determine that there was no basis to prevent the fugitives’ return to the Philippines.

“Our hope is that, as soon as possible, they will determine that there is no reason for them to remain under asylum and that they should be returned to the Philippines to face the cases they have to face,” he said.

Philippine authorities have continued pursuing legal and diplomatic measures to secure Co’s return.

Interior Secretary Jonvic Remulla said Wednesday that he would travel to France to renew the Philippines’ request for an Interpol Red Notice against Co. He said authorities already knew Co’s address and residence abroad.

Co is facing graft and malversation charges before the Sandiganbayan over an allegedly anomalous flood control project in Naujan, Oriental Mindoro. He has denied involvement in the alleged irregularities.

The DOJ is also working on the case of former presidential spokesperson Harry Roque, who has sought asylum in Austria.

Vida said Roque’s asylum application remained under evaluation and that Philippine authorities were coordinating with their foreign counterparts.

“We have to respect the process of their asylum applications,” he said. “But our hope is that ... they should be returned to the Philippines to face the cases they have to face.”

The justice secretary said the Philippines would continue complying with its treaty obligations, including those with the United States, as it pursued fugitives through extradition and other legal mechanisms.

“We have treaty obligations with the United States. We have obligations with other countries. All of these have to be followed,” Vida said.

He acknowledged that documentary requirements and other legal hurdles could delay efforts to bring fugitives home but said the DOJ was strengthening coordination with law enforcement agencies to make the process more effective.

“The process does not end with the resolution. The person has to be brought back,” Vida said.