Lawmakers: Draft reso seeking Duterte’s return has no weight with ICC

Senator Robin Padilla's draft Senate resolution calling for detained former president Rodrigo Duterte to be released from The Hague and returned to the Philippines has no weight, House members who are lawyers said Tuesday.

Duterte was arrested on March 11 after arriving in Manila from a vacation in Hong Kong, pursuant to the Hague-based International Criminal Court (ICC)-issued arrest warrant over alleged crimes against humanity due to drug war killings during his presidency. He has been detained in Scheveningen prison in the Netherlands since March 14.

Party-list Representatives Leila de Lima and Terry Ridon of ML and Bicol Saro, respectively, made the comments in light of the subject Resolution being pushed for by at least three Duterte’s allies in the Senate: Padilla, Ronald “Bato” dela Rosa and Bong Go.

“Political posturing na lang ‘yan kasi wala na ho sa kapangyarihan ng gobyerno natin na pabalikin siya [That is just political posturing because the Philippine government has no authority to bring him back here]. Kasi isang [Because an] international tribunal, which is the ICC, with competent jurisdiction over the alleged crimes, the crimes against humanity, at nakuha na nga siya kasi na-arresto nga siya legally, validly, ay nandun na sa kanila [which arrested him legally, validly, and is now in their custody],” de Lima, a former Justice Secretary and an ex-senator, told reporters.

“Hindi na nila [ICC] ‘yan pakikinggan, kung ano man yung mga sasabihin na mga domestic authorities nila. They cannot grant [the goal of the Resolution]. Hindi nila pwedeng pagbigyan yung mga ganyang mga usapin na pabalikin nyo na. May proseso. Di ba? Meron silang pending application for interim release,” de Lima added.

(The ICC won’t hear their plea because they cannot act on a mere resolution from local authorities. There is a process and in fact, Duterte’s camp is already seeking an interim release.)

De Lima then said that the resolution could also mislead Duterte's supporters into thinking that the former President remains under the jurisdiction of the Philippine government.

“Parang pinapalakas lang ang loob ng mga supporters na huwag kayo mag-alala, baka pwede pa natin maiuwi iyong dating Pangulo. But in my opinion, it won't fly because ICC has rules,” de Lima added.

(They are just pandering to their supporters that there is still hope to bring the former President home, so they should not worry.)

Ridon, who served as the chairperson of the Presidential Commission on the Urban Poor during the first year of the Duterte administration from 2016 to 2017, agreed with de Lima that the case of Duterte is something that is out of the Philippine government’s hands.

“We have to be very frank na there's nothing that the Philippine government can do today to bring the former president back home. Kasi ho talagang ICC na po yung magpapasya kung makakauwi ba o hindi ang dating pangulo and to be very clear meron hong batayan bakit ho nasa ICC si dating Pangulong Rodrigo Duterte. He is being made to answer for extrajudicial killings under the Duterte Drug war,” Ridon said in a separate interview.

(It is the ICC’s call now if he can go home or otherwise. And to be very clear, there is a reason why the former president is facing the ICC.)

“Mabigat po ang nga paratang yun [These allegations are grave]. Of course, they can be free to do a Senate Resolution. But we have to be  very frank. It is not within the power of the Philippine government to send the former President back home,” Ridon, also a lawyer like de Lima, added. — BM, GMA Integrated News