Senate can’t save Dela Rosa, says ICC-accredited lawyer
MANILA, Philippines — The Senate could not save its member, Sen. Ronald “Bato” Dela Rosa from the International Criminal Court (ICC).
In fact, it is part of the upper chamber’s “responsibility” to surrender the former Philippine National Police (PNP) chief once the warrant for him arrives, Joel Butuyan, an ICC-accredited lawyer, said on Monday.
Earlier, Senate President Francis “Chiz” Escudero said Dela Rosa could take sanctuary in the upper chamber.
READ: Escudero: Dela Rosa can seek refuge in Senate if ICC issues warrant
“Actually, I don’t know the basis of the declaration of the Senate President,” Butuyan said in an online press conference of the Foreign Correspondents Association of the Philippines.
READ: ICC sets Duterte confirmation of charges hearing Sept. 23
“It’s very clear in the rules that if well, there’s no obligation [or] responsibility to surrender if the imposable penalty is below six years, but the imposable penalty in any case against Senator Bato Dela Rosa is, 30 years at least,” he continued.
“This is an exception… It creates the responsibility on the part of the Senate to surrender him,” he said.
Butuyan also noted that “there’s also a rule that if the Senate is in recess, there’s no responsibility and right to prevent his arrest.”
Dela Rosa said he has yet to receive any warrant of arrest from the ICC. But according to ICC assistant to counsel Kristina Conti, the reelectionist senator, as well as Oscar Albayalde, another retired PNP chief, could be the next to receive arrest warrants from ICC for crimes against humanity over their roles in the previous administration’s drug war.
“I don’t know how these political issues are going to play out especially if the executive branch is going to insist on its responsibility to turn over Sen. Bato Dela Rosa in the same way it promptly surrendered Mr. Duterte to the ICC,” Butuyan said.
On March 12, Duterte was then transferred to Villamor Air Base before he was flown to The Hague, where he is now being detained. Duterte had his pretrial on March 14, while his confirmation of charges will be held on September 23, before which he could appeal for an interim release.
At least 6,000 lives were killed during Duterte’s term, according to official government data. But human rights watchdogs and the ICC prosecutor estimated the death toll to be between 12,000 and 30,000 from 2016 to 2019.
