Why review only 52 out of 7,000 drug-related cases? Why only now? —Colmenares

The Duterte administration made a "fatal admission" that the war on drugs is a state policy of systematic attack on civilians since only less than one percent of drug war killings were subjected to review by the Justice department, Neri Colmenares, chairperson of the National Union of People's Lawyers (NUPL), said Monday.

Colmenares raised the argument as the International Criminal Court (ICC) pre-trial chamber approved the start of the probe into the crimes against humanity cases in the Philippines linked to the anti-drug war campaign.

"The President and his administration already made a fatal admission of these charges because they only turned over 52 out of 7,000 cases of drug war killings for review of the Justice department," Colmenares said during a forum on ICC hosted by the Integrated Bar of the Philippines (IBP) and College of St. Benilde School of Diplomacy and International Relations.

"Why only turn over 52 for the last five years and why only now? It should have been done way before," Colmenares added.

Colmenares then argued against presidential spokesperson Harry Roque's contention that the ICC cannot take jurisdiction on cases of killings during the police's anti-drug operations given that the country has functioning courts.  Roque also said the president, because of his position, is immune from suit.

"The families believe that President Duterte is responsible for the cruel death of their kin. There is no pending case on the President on this because he is immune from suit [as sitting President], so complementarity or filing cases against him here first is not applicable," Colmenares added.

Roque has also previously said that the withdrawal of the Philippines from the Rome Statute which established the ICC back in March 2019 makes the Philippine beyond ICC jurisdiction.

However, Colmenares stressed that the obligation to cooperate with the probe stemming from previous membership does not go away with the sudden withdrawal.

Colmenares cited the case of Omar Al Bashir, the former President of Sudan who faced various charges before the ICC despite initial non-cooperation.

"Al Bashir also refused to cooperate with the ICC probe, saying it is not within ICC jurisdiction, but where is he now? The Sudan government has agreed to send him before the ICC for trial," he added.

Colmenares also dismissed Roque's earlier argument that the cases allegedly involving Duterte were politically-motivated.

"This is not about political motivation. This is about what would the court say about the charges, and there will be accountability," he said.

"Bukas, luluhod ang mga tala. (Tomorrow, the stars might come down). There is a time for reckoning. That is why you should not abuse power. You won't be in power forever," Colmenares added.

Roque, a member of the IBP like Colmenares, was invited to the forum but the presidential spokesperson did not attend.

Roque used to push for the Philippines joining the Rome Statute to address the culture of impunity, until he was named the presidential spokesperson by President Duterte in October 2017 to October 2018 and again in April 2020 up to present.—LDF, GMA News