Rights network demands Duterte’s prosecution, PH’s cooperation in ICC probe

Human rights advocates formed an alliance to intensify the campaign to prosecute former president Rodrigo Duterte and other public officials over cases of human rights abuses committed during his administration. 

Progressive groups including human rights watchdog KARAPATAN and the National Union of People’s Lawyers (NUPL) launched the “Duterte, Panagutin!” Network  in a press conference in Quezon City on Monday, Nov. 25.

Former senator Leila de Lima and relatives of victims of extrajudicial killings (EJKs) in Duterte’s drug war were also present in the briefing.

The network was created following the former president’s series of appearances and revelations in the congressional hearings related to his war on drugs. 

In the hearing of the House Joint Quad Committee on Oct. 11, former police colonel Royina Garma said Duterte replicated the “Davao model” where police officers were allegedly rewarded for killing suspects in anti-drug raids. The former president himself admitted to the existence of a death squad that killed suspected criminals since his time as Davao City Mayor.

Read: Bulwagan ng kaipokrituhan

The group demanded President Ferdinand Marcos Jr.’s administration to cooperate in the ongoing investigation of the International Criminal Court (ICC) and to conduct inquiries on “unresolved” human rights violations and abuses under his predecessor’s term.

Over 6,000 Filipinos, most of whom are poor, were killed in anti-drug operations of the Philippine National Police (PNP) during the Duterte presidency, according to government data. However, the toll could be as high as 27,000, according to former Commission on Human Rights chairperson Chito Gascon.

Meanwhile, 442 cases of EJKs and enforced disappearances involving activists and critics of the Duterte administration were recorded by KARAPATAN throughout his term. This includes the “Bloody Sunday” massacre, where state forces raided offices of progressive organizations in Southern Tagalog on Mar. 7, 2021. Nine activists were killed in the operation. 

The network said in a unity statement that they commit to galvanizing efforts for the prosecution of Duterte and other officials involved in these cases, including former PNP chief and reelectionist senator Ronald “Bato” dela Rosa, in order for justice to be “rendered to the victims and their families.”

“This fight for justice is a fight for the very future of human rights and democracy in our beloved country … We demand that the perpetrators face prosecution for their crimes against humanity and violations of international law,” said the group.

On the Nov. 13 Quad Comm hearing on the drug war, Duterte requested for a special court in the Philippines for his trial. De Lima said this request demonstrated the ex-president’s “fear” of the ICC.

“Takot siya sa ICC because it’s going to be beyond the reach of his influence, his power, his authority, his theatrics, [at] ‘yung mga style niya compared with local courts,” the former senator added. 

Duterte said he would rather face a Filipino court than the ICC due to his distrust for “white people.” The ICC, to which the country was a member until Duterte’s administration withdrew in 2018, consists of judges and prosecutors from various nationalities.

But despite the withdrawal, the ICC may continue its probe on Duterte’s case even if special courts would be established, according to human rights lawyers Kristina Consti and Jojo Lacanilao, because of Republic Act 9851—the law defining and penalizing crimes against international humanitarian law, genocide, and crimes against humanity. 

Conti added that one of the reasons a case in the ICC is viable is due to them being “insulated” from the Philippine government.

“Hindi sila binabayaran ng Philippine government. Hindi sila beholden to any Philippine official. Hindi sila kamag-anak ng kahit sinong Philippine official kaya to some extent, there is a degree of independence and fairness,” she explained.

The network also brought up the “selective” application of laws in the country as one of their driving forces in calling for the continuation of the ICC probe. Lacanilao said this is “unfavorable” to the poor, causing them to struggle in upholding their right to due process, especially if accused. 

He also mentioned that Duterte’s case should urge the present government to strengthen the rule of law in the Philippines.

“Kailangan [p]anagutin natin si Duterte kasi hindi [lamang ito] para sa hustisya ng mga biktima, kundi [para ito sa] future, strengthening the rule of law,” he remarked.

The network will hold a gathering on Dec. 7 as an early celebration for Human Rights Day and will send position papers to both the Congress and Marcos.