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Palace claim that Miriam’s appointment to ICC void is ‘wrong, immoral’ — sister
Presidential spokesperson Salvador Panelo's declaration that the late Senator Miriam Defensor Santiago's appointment to the International Criminal Court is "void" is inaccurate, wrong, and "immoral and extremely disrespectful," her sister said.
In a post on her Facebook account on Tuesday, Linn Defensor Evangelista slammed Panelo and asked him to recall his pronouncement as well as make an apology.
"My sister is gone—she cannot argue and defend her belief that the ICC is a legitimate entity and that the Philippines is a valid member. We (myself and those who keep Miriam’s legacy alive) are no match as to how Miriam would have pulverized the arguments of this Duterte administration’ spokesperson," she said.
"I am beyond upset; this is a cowardly attack and an evil attempt to undermine that which is true," Evangelista added.
Santiago died on September 29, 2016 at the age of 71 after a long battle with cancer.
Panelo sorry 'for hurting feelings'
Panelo apologized to Evangelista on Tuesday but stood by his position that the former lawmaker's election as judge of the ICC was void.
Panelo said on Monday that Santiago's election in 2011 was void since the ICC never assumed jurisdiction over the Philippines, maintaining the administration's position that the Rome Statute, the treaty which created the ICC, was not binding on Manila because it did not comply with a publication rule.
"I will apologize for hurting her feelings, but I think she misunderstood what I said yesterday. What I said, ‘If the theory is that we never were under the jurisdiction of the ICC, it goes without saying, as logic, then any appointment to the international court would be void," Panelo said at a news conference.
"I think the concern and the hurt is misplaced. I am an admirer and a friend of the late Miriam Defensor Santiago."
Panelo also said that Santiago was "very much qualified" to be a judge of the ICC, which investigates and tries individuals accused of genocide, crimes against humanity, and war crimes.
"She had the credentials. But the problem is—prior to the assumption of the presidency of the President—nobody knew that we were never under the jurisdiction of the ICC. Everybody took for granted that since we signed a treaty, then we were under the jurisdiction of the ICC," he said.
The Philippines effectively withdrew on March 17 its membership from the ICC, making it the second state party to leave the tribunal after Burundi in 2017.
The country's decision to leave the ICC came shortly after the ICC Office of the Prosecutor said in February last year that it would examine drug war-related allegations against President Rodrigo Duterte to determine if it has jurisdiction to investigate.
'Inaccurate, immoral, and extremely disrespectful'
In her Facebook post, Evangelista said she found it "deeply disturbing" when "politics enter the realm of a person’s life and negates hard work and personal achievement to serve another party’s agenda," calling it "simply wrong and immoral."
"I have inhibited myself from any political comment because there’s plenty of that to go around but when attacks come out of nowhere because of a vicious agenda, I cannot keep silent," she added.
According to the late senator's sister, the spokesperson's statement was first and foremost "inaccurate."
"There’s a simple argument to this: how can we (the Philippines) withdraw from the statute if we were not a member in the first place?" she said.
She said that the Philippine government financially sponsored Santiago’s campaign and that "the salaries of the hardworking embassy personnel came from taxpayer money."
"Thus, all previous administrations believed that the Philippine membership was authentic," she said.
Evangelista also believes Panelo's statement was "wrong," saying it negates all the embassy personnel's hard work and belief in Santiago. "I was present during a few meetings in the embassy regarding the ICC campaign and interviews with other countries’ ambassadors and consular officials," she said.
"Miriam gave robust and brilliant responses to their questions and obviously, they agreed with her because she was successfully voted as ICC judge," she added.
Towards the end of the note, Evangelista urged Panelo to apologize and withdraw what she said was a "cowardly attack and an evil attempt to undermine that which is true," but did not mention him by name, saying, "I refuse to say his name in the same posting where Miriam’s name is mentioned."
"To say that the Philippine membership in the ICC is not valid and that Miriam was not a valid ICC judge is irresponsible, offensive and full of malice," she added. — with Margaret Claire Layug/BM, GMA News
