Minority senators: Let Pinoys facing int’l arrest warrant seek local remedies
The Senate minority bloc has called for due process for Filipinos facing arrest or extradition in international courts, saying they should be given enough time to seek legal remedies in Philippine courts.
The nine minority senators filed Senate Resolution 307 on Wednesday after two of their members, Senators Ronald “Bato” dela Rosa and Christopher “Bong” Go, were named as co-perpetrators in the crimes against humanity case pending against former President Rodrigo Duterte in the International Criminal Court (ICC) over his drug war.
Aside from Go and Dela Rosa, the other senators who comprise the bloc are Minority Leader Alan Peter Cayetano, Francis Escudero, Jinggoy Estrada, Imee Marcos, Rodante Marcoleta, Joel Villanueva and Robin Padilla.
“It is the sense of the Senate of the Philippines to protect all Filipinos against extraordinary rendition and guarantee them a reasonable time prior to their surrender by or extradition from the Philippines to seek redress from the courts and avail of legal remedies,” they said in the resolution.
Extraordinary rendition
Extraordinary rendition refers to the transfer of a detainee to the custody of a foreign government without due process.
The senators cited the case of Duterte, saying he was denied due process when he was arrested in March last year and surrendered to the ICC without facing local courts. The arrest by the ICC, they said, undermined the country’s sovereignty.
According to the group, having Go and Dela Rosa identified by the ICC as co-perpetrators in Duterte’s drug war makes them “vulnerable to extraordinary rendition.” This, it added, only highlighted how important it was for the State to “ensure all persons sought for extradition or surrender are guaranteed reasonable time and opportunity to access the legal system.”
“Due process and the rule of law should not be sacrificed at the altar of a blind pursuit of justice. The 1987 Constitution guarantees that in all criminal prosecutions, an accused shall be presumed innocent until the contrary is proved, and that no person shall be deprived of life, liberty, or property without due process of law,” the bloc said.
Cayetano told the media on Wednesday that local courts must still be respected if international courts issue arrest warrants against Filipinos.
“The spirit of our Constitution is clear: if there is a problem or accusation against a Filipino, they have the right to go to court. Our courts cannot be set aside,” Cayetano said.
Dela Rosa has not showed up at the Senate since November last year following reports that the ICC has issued a warrant for his arrest. He was chief of the Davao City police while Duterte was the mayor and then appointed chief of the Philippine National Police when Duterte became the president.
Go, on the other hand, served as the former mayor’s personal aide and later as his presidential special assistant.
Common neutralization plan
According to the ICC, Duterte and his co-perpetrators shared “a common plan” to “neutralize” alleged criminals in the country, including those believed to be involved in illegal drugs, from 2011 to 2019, when he served as Davao City mayor and later as President.
Following his arrest in March, Duterte and Dela Rosa submitted a petition to the Supreme Court barring the Philippine government from cooperating with the ICC.
The Department of Justice (DOJ) said on Wednesday that it is awaiting the high court’s decision before acting on any other arrest warrant to be issued.
However, should the ICC issue such a warrant, the DOJ said it may exercise its executive prerogative to either file for extradition or surrender the individual to the international tribunal.
