Drug war challengers seek copy of gov't reports submitted to SC

The petitioners challenging the constitutionality of the Duterte administration's campaign against illegal drugs have asked the Supreme Court to require the government to furnish them copies of reports on the drug war.

In a Wednesday motion, the Center for International Law (Centerlaw) told the SC that there is no exception to the rule that adverse parties must be provided copies of documentary submissions to the courts.

Last year, the High Court ordered lawyers for the government to submit official reports on President Rodrigo Duterte's fatal drug war, in connection with a pending case questioning the documents that authorized the controversial campaign.

Centerlaw said the submitted documents -- which it considers a matter of public concern and public interest -- will be "rendered useless" if the petitioners are not given a copy, as the non-disclosure will violate their right to due process.

"Otherwise stated, the non-furnishing of copies to the petitioners amounts to a poison pill that will bar the Court from ever using the subject documents," it said.

The SC itself has ruled that the documents it required do not compromise national security.

Centerlaw added that the need to furnish them a copy of the documents is "critical to the responsible fulfillment by the Supreme Court of its judicial function and to the enforcement of the right of the petitioners to due process."

Ground for ICC to come in?

Taking their pleading further, Centerlaw said the non-furnishing of the documents by the Office of the Solicitor General, the lawyer for the government, invites the International Criminal Court (ICC) to exercise jurisdiction over allegations against Duterte.

The ICC can admit cases that the concerned country is unwilling or unable to conduct fair proceedings on.

If the SC decides not to authorize the disclosure of the reports, "the said denial may be similarly exploited by interested quarters as evidence that even the judicial branch of the Republic of the Philippines is 'unwilling' to 'genuinely' investigate and prosecute the alleged commission of international crimes," Centerlaw said.

Duterte faces charges before the ICC in connection with "extrajudicial killings" allegedly related to the war on drugs.

Shortly after the ICC's Office of the Prosecutor launched a preliminary examination of the allegations, Duterte withdrew the Philippines' membership from the international tribunal. He claims the ICC has no jurisdiction over him.

The withdrawal, whose constitutionality is still being questioned before the SC, takes effect this March. —LDF, GMA News