The headline which caught my attention yesterday was DOJ, PNP warning its members from cooperating with the International Criminal Court on the investigation it is conducting on former President Rodrigo Duterte over his extrajudicial killings and his violent war on drugs.
Claiming that such probes by an international crime court violates the country’s sovereignty, I couldn;’t help but ask what sovereignty, or more aptly, whose interest are they protecting? Just because the sitting president said that the country has a working justice system, why then would it not allow a validation of this system by a foreign probing body.
Naturally, political interests mandate that the sitting and former leaders must protect each other or the former could sow dissent among his people towards the sitting leader. Just that plain and simple. Nobody wants to rock the boat that is teetering like paper on the water.
Those that would cooperate would face administrative or be dismissed from service outright, both the Department of Justice and Philippine National Police said in reaction to a previous report by former Senator Antonio Trillanes IV that 50 members of the PNP and DoJ have or might be responding to the ICC probers.
The ICC is investigating Duterte’s bloody war on drugs, which left more than 6,000 people dead, based on official figures but which human rights groups said could run to slightly below 10,000.
On Wednesday, Trillanes said he received “highly credible” information that ICC investigators had directly communicated with more than 50 active and former police officials regarding their possible inclusion in the crimes against humanity case against Duterte.
The active and retired police officials who do not immediately signify their intention to cooperate with the ICC probers would be elevated as suspects and face travel restrictions and possible arrest via Interpol, he added.
DoJ Justice Assistant Secretary Jose Dominic Clavano IV told palace reporters that DoJ has no such information but that he thinks “ we’ve been consistent from the very start that we have a working justice system here in the Philippines evidenced by a lot of different cases and reforms that we have been undertaking.”
He added there may be “accountability” involved if a government official is coordinating with the ICC against the directions and policy of the government. “If there’s any law enforcement or government official that goes against the policies and orders of the authorities in position, then obviously there will be some sort of conflict of interest, there will be accountabilities and definitely liabilities that go with it.”
Later, Clavano told Star that among the possible sanctions against erring officials is dismissal from the service depending on the level of their participation in the probe.
“It can be an administrative case. But if they are in the position and they are part of the government, it is possible that they will be dismissed if they cooperate with the ICC because the stance of the government and the President is very clear and is very consistent, that we don’t recognize their authority here,” he said citing the Code of Conduct and Ethical Standards for Public Officials and Employees.
“If they really go against the President’s wishes or directive not to cooperate with them and yet they cooperate with them, then that could fall under gross neglect of duty or disobedience to authority... But at the same time, if we have not seen the facts and nothing has happened yet, it would be completely hypothetical to think about or to discuss,” he explained.
Duterte, whose daughter Sara is the vice president and education secretary, had said that he would only answer the allegations against him before the local courts. Marcos has repeatedly said he would not hand over Duterte to the ICC, which allowed a probe on the drug war in 2021.
PNP Info officer Col. Jean Fajardo told PNP reporters that: “If you’re an active personnel and you are performing any activity that is contrary to what is being stated officially by the PNP, then it’s possible that you will face sanctions. Upon hearing Trillanes’ report, she said she immediately contacted her boss, Gen. Rommel Francisco Marbil.
Fajardo said police officers should not talk with the international tribunal’s representatives without seeking clearance from top police officials.
She disputed the claim of human rights group Amnesty International that extrajudicial killings remain prevalent under President Marcos saying she has no idea where AI is getting its information that 600 drug-related killings have occurred since Marcos took office in June 2022.
Sen. Ronald dela Rosa, the chief implementer of Duterte’s drug campaign as PNP chief, denied being approached by the ICC.
The ICC urged Marcos to cooperate with the probe and to return to the ICC as”that’s the only way to ensure accountability of current and future leaders of the Philippines.”
ICC’s preliminary investigation covers alleged crimes against humanity from the drug war from July 1, 2016 to March 16, 2019, while the Philippines was still its member, and the Davao squad killings for Nov. 1, 2011 to June 30, 2016, when Duterte was a local official.
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