DOJ: Cooperation with Interpol an act of a sovereign state

By Benjamin Pulta, Philippine News Agency

He noted that sovereignty is defined as the ultimate authority in the decision-making process of the state and the maintenance of order. (PNA file photo)

MANILA – The Department of Justice (DOJ) said Thursday the Philippine government’s cooperation with the International Criminal Police Organization (Interpol) for the arrest of former president Rodrigo Duterte to face charges of crimes against humanity before the International Criminal Court (ICC) is an act of the Philippines as a sovereign state and the country’s recognition of international laws.

Speaking at the Bagong Pilipinas news forum, DOJ spokesperson Mico Clavano said the Philippines is obligated to honor its commitments to Interpol, which served the ICC warrant of arrest, and the move to cooperate with Interpol is an act of a sovereign state.

He noted that sovereignty is defined as the ultimate authority in the decision-making process of the state and the maintenance of order.

“Ang sa tingin ho natin sa gobyerno ay ito mismo ay act ng sovereignty to cooperate with the international community (Our opinion is that it is an act of sovereignty to cooperate with the international community),” he said.

“Wala po tayong ugnayan sa ICC at tama po wala naman talaga silang jurisdiction sa atin dahil hindi na tayo miyembro. Pero noong inisyu nila ‘yung warrant of arrest at in-endorse nila sa Interpol at in-endorse ng Interpol sa atin, doon tayo nakipag-ugnayan (We have no contact with the ICC and they have no jurisdiction here because we are not a member anymore. But when the ICC issued the warrant of arrest and endorsed it to Interpol, and the Interpol endorsed it to us, that’s when we cooperated),” Clavano said.

He added that the Philippine government merely served as an attesting officer in the process.

“Kami po ‘yung nagsilbing witness or attesting officer doon sa buong proseso. Dahil po ang basehan ho natin ay ‘yung Rome Statute mismo, specifically po ‘yung Article 59 ng Rome Statute kung saan may tinatawag po na competent judicial authority kung saan siya mismo ang mag-a-attest ‘yung buong proseso po na dinaanan ng arrest ay tama (We served as witness or attesting officer in the whole process. Based on the Rome Statute, a competent judicial authority needs to attest that the entire process for the arrest was proper),” Clavano said.

Among other things, he said, the duties of the government include that the person arrested must be identified as the same person in the warrant and that all the rights of the person are respected.

Continuing investigation on EJKs

Meanwhile, Clavano said the independent investigation by the DOJ into the extrajudicial killings (EKJs) during the past administration’s war on drugs would continue despite the ICC action.

“Klaro po we do have a working justice system. Consistent pa din po tayo doon. Gumugulong ‘yung wheels of justice so to speak. Kaso nga lang I think this is a matter of timing dahil sa ngayon, kino-collate pa natin ang lahat ng ebidensya doon sa drug war ni dating pangulong Duterte at marami na pong lumalapit na mga witnesses sa atin (Clearly, we have a working justice system. We are consistent in that regard. The wheels of justice are turning so to speak. I think this is just a matter of timing because a lot of evidence on the drug war of former president Duterte is still being collated, and a number of witnesses have been approaching us),” he said.

“Marami na po tayong ini-investigate na kaso tungkol dito sa supposed police abuses at hindi naman tayo titigil d’yan. Hindi naman tayo magbe-break dahil po may nahuli na sa ICC, hindi po ito totoo (We are investigating a lot of cases of supposed police abuses and we will not stop. It’s not true that we will take a break just because someone has already been arrested by the ICC). We will continue to gather and collate evidence and we will make sure that those who are charged with these crimes will be given their day in court, due process, and if ever may mapatunayan na may pagkakamali ang ating law enforcement, ay pananagutin ho natin ‘yan (there are lapses on the part of law enforcement, they will also be held accountable).”