DOJ: Will not bar Interpol arrest of ICC-tagged execs

Karim Khan —ICC PHOTO

The Philippines will not stop the International Criminal Police Organization (Interpol) from serving arrest warrants from the International Criminal Court (ICC) on individuals suspected of implementing former President Rodrigo Duterte’s bloody war on drugs, according to the Department of Justice (DOJ).

“We are not in the business of blocking any movement of the Interpol, unless a policy is laid out, which of course will go against our international commitments,” Justice Secretary Jesus Crispin Remulla told reporters on Thursday.

Can’t stop Khan

President Marcos has said that his administration would not cooperate with the ICC’s investigation of the alleged extrajudicial killings in the drug war after the country withdrew from the Rome Statute, the 2002 treaty that established the court.

READ: DOJ won’t bar arrest warrants vs suspects in ICC ‘drug war’ case

The ICC’s chief prosecutor, Karim Khan, has requested the assistance of the Philippine government to interview former Philippine National Police chief now Sen. Ronald “Bato” dela Rosa and four other former and current police officials in connection with his investigation of their involvement as “suspects” in the crimes against humanity charge against Duterte.

Solicitor General Menardo Guevarra said early this week that the government had no more legal duty to assist the ICC prosecutor, but it “cannot stop him from proceeding any way he wants.”

Remulla pointed out that the possible arrest of individuals identified in the case through an ICC warrant would be “very tricky” because the Philippines remained a member of Interpol.

Members’ obligation

The ICC and Interpol usually cooperate with each other, Remulla said. “Should any issues arise, [the ICC] will bring it to Interpol,” he said.

“Once an arrest warrant is issued, it’s the Interpol’s job to serve it. Under the Interpol, we are an adjunct of the Interpol,” he said, adding that there would be “repercussions” if the Philippines attempted to block its operations. He did not elaborate.

Remulla said the DOJ would look into the “possibilities or the indications of dealing with Interpol on this matter.”

“That [scenario] is what we need to discuss as a legal group within the government. But most of the time—99 percent of the time—we respect the actions of the Interpol,” Remulla said.

Under the Interpol Constitution, member countries are required to establish their respective National Central Bureaus (NCBs) to ensure constant and active cooperation within the organization.

The NCB is tasked with coordinating with various government agencies, their counterparts in other countries and the Interpol’s general secretariat.

What about PNP?

It remains unclear how suspects in the Duterte case would be arrested by the Interpol as it has no law enforcement agents of its own.Former Rep. Arnolfo Teves Jr., accused of terrorism and masterminding the murder of his political rival, was arrested by the police in Timor-Leste following a “red notice” issued by Interpol upon the request of the Philippines.

The National Union of Peoples’ Lawyers, which represents some of the families of the drug war victims, said that the enforcement of an ICC warrant in the Philippines was “not impossible.”The PNP may still be compelled to enforce the warrant under certain circumstances, the lawyer’s group said in February in a joint statement with the group Rise Up for Life and for Rights.

“The PNP may be ordered to implement the warrant on orders of the President—upon an extradition request, out of comity, or in compliance with international obligations,” the two groups said.

Free to hold interviews

They also noted that the ICC had an agreement on data exchange and cooperation with Interpol and that it “could be requested to provide information and share communications about fugitives.”

The ICC prosecutor has maintained that his inquiry into alleged atrocities perpetrated during the ruthless campaign against illegal drugs waged by Duterte was “within the jurisdiction of the court” from Nov. 1, 2011, to March 16, 2019, or when the country was still a member of the international tribunal.

Guevarra said the ICC prosecutor could interview persons of interest via online platforms, phone, email, or in person, provided they have given their consent, but Khan “cannot expect that the Philippine government will facilitate it for him.”

In addition to Dela Rosa, the others who were suspected of having “concrete involvement” in the systematic killings during the antidrug campaign were retired PNP chief Oscar Albayalde, former Criminal Investigation and Detection Group chief Romeo Caramat Jr., former National Police Commission chief Edilberto Leonardo, and former PNP chief intelligence officer Eleazar Mata.

Albayalde on Thursday said he would only deal with the ICC’s drug war investigation if ordered directly by the DOJ.

The former PNP chief said there was “nothing more to say to the ICC” since the alleged drug war abuses were being investigated by Congress and the courts, and it was his “personal decision” not to cooperate in the investigation.

Disclosure questioned

“I will allow myself, if and only if the Department of Justice will tell us so,” he said in an interview with ANC.

Albayalde also questioned Trillanes’ authority to disclose a supposedly confidential document that named him, Dela Rosa and the others as suspects in the ICC drug war investigation.

According to official data, more than 6,000 were killed in Duterte’s campaign to purge the country of illegal drugs.

Albayalde said that despite Duterte’s public statements to kill anyone connected to the drug trade, the PNP never followed such orders.

“We’ve been telling our policemen to follow the rule of law. Never did the former president, whether directly or indirectly, ask us to do what he’s saying publicly,” he said. “We cannot follow unlawful orders.”

“We are law enforcers. We’re not trying to justify the killings. Never. The PNP is prolife and we don’t justify a single killing,” he added.

Marcos’ stand

Albayalde stepped down in November 2019 without traditional honors for his mandatory retirement, following allegations that he was a protector of “ninja cops,” a term used for police officers involved in reselling narcotics seized in raids. He denied the allegations.

Mr. Marcos has repeatedly said the Philippines would not aid ICC probers in their investigation of his predecessor’s war on drugs.

In January this year, he said the tribunal’s action was a threat to the country’s sovereignty. The following month, the President said he would not change his position.

In April, the President said the Philippines would not hand over Duterte to the ICC. In May, Malacañang said the DOJ was preparing a briefer on what measures the President could take in case the ICC orders Duterte’s arrest. It said such a step was “standard procedure, not a change in position.”

On June 27, Mr. Marcos said that former Sen. Leila de Lima’s acquittal of drug charges filed against her by the Duterte administration was proof that the Philippine justice system was working.

De Lima said that she would help the ICC in their case against Duterte. —WITH A REPORT FROM INQUIRER RESEARCH