Palace: No formal request yet from ICC for concrete proof of drug deaths investigation

Malacañang said Wednesday that it has not yet received a formal request from the International Criminal Court (ICC) to provide concrete proof that it is investigating the deaths in the Duterte administration's drugs war.

The Palace was responding to the statement by ICC Prosecutor Karim Khan that the administration should provide proof of the investigation to support the Philippines' request to defer its probe into alleged crimes against humanity committed in the context of drug war.

"We would like to clarify that we have yet to receive a formal request with regard to this matter. That being said, we reiterate our position that the ICC has no jurisdiction to probe our campaign against illegal drugs," acting presidential spokesperson Cabinet Secretary Karlo Nograles said in a statement.

"Clearly, the ICC prosecutor’s request for information is an acknowledgment that alleged victims can seek redress in Philippine legal institutions because these are independent, impartial, and competent," Nograles, a lawyer like Duterte, added.

In addition, Nograles said that ICC is the court of last resort that will only assume jurisdiction if the State Party is unwilling to investigate and prosecute those who violate its laws.

"This is simply not the case in the Philippines.  Our criminal justice system continues to be capable and functional, and a case in point is the signing of the Philippine National Police and the National Bureau of Investigation of an agreement to conduct cooperative investigations," he said.

"[This is] evidence that a culture of impunity does not exist in our country as local institutions have demonstrated their commitment to accountability," Nograles added.

By the government's own count least 7,000 suspects have been killed during the police's drug war operations, but human rights organizations and the families of the victims who filed a complaint before the ICC argue that the number could be as high as 30,000 if drug war-related deaths supposedly done by "vigilante squads" are included.

The Free Legal Assistance Group (FLAG), which provides legal counsel to the victims of those killed due to the Duterte administration's drug war, has earlier said that the Philippine authorities' investigation of drug war deaths is fake since "not a single case was referred for prosecution."

FLAG argued that the Department of Justice's review of 52 drug war killings— of which 36 occurred within the period covered by ICC probe, or from July 1, 2016 to March 16, 2019—is not an investigation because it forms a minuscule part of the 12,000 to 30,000 killings allegedly linked to the drug war. — BM, GMA News