CHR chair hopes ICC can proceed with probe of Duterte

Commission on Human Rights chairperson Jose Luis Gascon expressed hopes the International Criminal Court can proceed with its formal investigation against President Rodrigo Duterte by the first quarter of 2019.

"We are hoping very soon… that in the first quarter of the next year, we hope the ICC will look into the next stage of formal investigation. Even if Mr. Duterte has withdrawn from ICC, he is still subject to the jurisdiction of the ICC until 2019," Gascon said in a forum in Quezon City Monday.

"What has occurred from July 1, 2016 when he assumed the presidency onwards are all matters of public record that should also be made available by the government to the International Criminal Court," he added.

On March 17, 2018, the Philippines, on orders of Duterte, sent a notification of withdrawal from the Rome Statute, the Court's founding treaty.

Duterte had said he made the decision because of the "baseless" accusations against him by United Nations officials and violation of due process by the ICC.

Based in The Netherlands, the ICC "investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression," according to its website.

Duterte is facing two complaints before the ICC: one, filed by lawyer Jude Sabio in May 2017 charging him with crimes against humanity for the thousands of deaths linked to his war on drugs; and two, a complaint filed by a network of activists, priests and members of the urban poor communities who have suffered the brunt of his anti-drug campaign.

Sabio is the counsel of self-confessed hit man and former Davao Death Squad member Edgar Matobato, who testified at a Senate probe that he used to kill people on the orders of then-Davao City Mayor Duterte.

The ICC complaint had often drawn the ire of Duterte, calling the international tribunal a "bunch of criminals" and said he would go berserk if was dragged to appear in its proceedings. 

Gascon urged the government to cooperate with the ICC and present all documents it has requested so that it can conduct an impartial investigation.

Gascon said there was reluctance in providing access to information on the war on drugs, which hampers the work of human rights defenders.

Some records given to human rights groups, on the other hand, were incomplete despite a Supreme Court order compelling the government to submit reports related to the war on drugs. 

"Ultimately we need to document what is happening on the ground. We call on the government to provide the data that we need. How can human rights advocates do their work if the government continues to block us access to vital information?" Gascon said. —LDF, GMA News