DOJ: Roque not covered by principle that would prevent transfer to PH

Former presidential spokesperson Harry Roque has no grounds to invoke a principle of international law that prohibits the transfer of individuals, Justice spokesperson Polo Martinez said Monday.

“There are no grounds for him to say that because of the principle of non-refoulement… hindi po siya pwe-pwedeng kunin, ano?” Martinez said in an ambush interview.

(There are no grounds for him to say that because of the principle of non-refoulement he cannot be returned.)

The principle of non-refoulement, according to the OHCHR (Office of the United Nations High Commissioner for Human Rights), “prohibits states from transferring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparable harm upon return, including persecution, torture, ill treatment or other serious human rights violations.”

Martinez said that the principle assumes that an individual is being persecuted politically, which he said does not apply to Roque.

“It begs the question, may political persecution po ba na nangyayari? [Is there political persecution happening?] No, because in fact, you are being charged here for crimes that you allegedly committed. it is incumbent upon you to answer these charges,” he said.

“In fact, antithetical sinasabi niya na persecuted siya [antithetical to what he's saying that he's persecuted] because if he does come back here, he’d be able to face the charges head on and have the opportunity to present his defenses. These opportunities and these avenues are not being prevented and are not being inhibited from him,” he added.

This came after Roque over the weekend said that he is protected by the “principle of non-refoulement” due to his asylum request in The Hague, Netherlands.

Roque said that a red notice issued by the International Criminal Police Organization does not “override a receiving state’s obligations under refugee and asylum law.”

“Because the Dutch authorities know I am an asylum seeker, the Dutch police cannot lawfully apprehend or return me to the Philippines while my asylum petition is pending. The protections that follow from my pending asylum claim remain in force,” Roque said in a Facebook post.

Roque is facing charges for qualified human trafficking in connection to the Lucky South 99 POGO firm before the Angeles, Pampanga Regional Trial Court (RTC).

The Presidential Anti-Organized Crime Commission has said that the Philippine government has asked Interpol to issue a red notice against Roque.

READ: What are Interpol notices?

Meanwhile, Martinez called on all accused with pending cases or pending warrants of arrests to face the charges head on.

“We enjoin them, the DOJ as well as the Philippine government, implores for them to voluntarily surrender themselves to the jurisdiction of the Sandiganbayan and whatever court has pending cases,” Martinez said.

A Pasig court has ordered the cancellation of Roque's passport and that of Lucky South 99 representative Cassandra Li Ong. In a Facebook Live video, Roque said that the order was not final. "Meron pa po akong kinse araw para mag-file ng motion for reconsideration, at magfi-file ako ng motion for reconsideration," he said.

(I still have 15 days to file a motion for reconsideration, and I will file a motion for reconsideration.)  — BM, GMA Integrated News