Duterte unfazed by ICC probe
President’s message to int’l prosecutor: ‘I hope you come… we can be together in a room’
President Duterte is not blinking. He wants International Criminal Court (ICC) prosecutor Fatou Bensouda to come to the Philippines and question him on supposed crimes against humanity allegedly committed under his administration's “war on illegal drugs.”
Earlier, the ICC said its Office of the Prosecutor (OTP) is launching a preliminary examination on allegations brought forth by lawyer Jude Sabio, with self-confessed hitman Edgar Matobato as witness, for alleged killings ordered by Duterte in Davao City through the so-called Davao Death Squad
or “DDS.”
According to Duterte, he is not afraid if the OTP proceeds with an investigation and expressed that he is ready to face trial so he can defend himself. In fact, he welcomes the ICC prosecutor to talk to him.
“I hope you (Bensouda) come. And I hope that we can be together in a room. I would ask for that rare privilege of talking to you. [Just] the two of us in a room. I’ll welcome you. And if you want to find me guilty, go ahead. So be it,” he said in a press conference in Davao City Friday night.
‘Why me?’ The President said he cannot find a reason why the OTP would choose to review the events in the Philippines first when there are many other incidents and deaths happening in other parts of the world.
“I cannot see the reason why I’m the first head of state to be chosen by these idiots when there are so many things (happening elsewhere),” Duterte said.
‘It’s all politics’ The Chief Executive said that he knew beforehand that there was going to be an examination that was going to be launched against him.
“I have this transmittal. I was already listening to the tapes of their conversation. It was provided to me by another country but the conversation was in Philippines and New York. And there was this, ‘See you in the headquarters when the case is filed,’” he said.
“I knew in advance that they were [doing] it. Problem is this case, from the looks of it, it’s all politics,” he added.
Impossible case Duterte also said that it was impossible for the ICC to imprison him because any international treaty is not bigger than the Constitution being implemented in the country.
“The treaty shall form part of the laws of the land. In this city, in this country, alam ninyo ‘yan (you know that), every penal or punitive measure must be published in the Official Gazette. That is required [because] without that, you denied me my due process,” he said.
“Paano mo ako makukulong ngayon? Because certainly, a treaty cannot be more powerful than a Constitution, it’s just an agreement incorporated to form part the law of our land. But it does not release people in government from complying with the rules of the Constitution,” he added.
Die like Rizal But in case that the ICC review on him flourishes, the Chief Executive said he wants to be killed for doing something right for his country like Philippine national hero Jose Rizal, instead of being locked away.
“If you convict me, find a country that promotes death penalty and kill me by a firing squad. I would be very happy to face them,” Duterte said.
“It would be a distinct honor for me because our foremost hero, Mr. Rizal, he’s our greatest hero, he was shot by the Spaniards on that spot [in Rizal Park and] his monument is [there] right now because of his defiance,” he added.
“I’m no Rizal. I am not bright as Rizal. But I would like just to imitate the way Rizal died. And I would be happy to – before they pull of the trigger, I would say, ‘F*** you guys,’” he continued.
No jurisdiction
The Office of the Solicitor General (OSG) believes that the ICC has no jurisdiction to conduct a preliminary examination against the President and other government officials in the country over allegations of crimes against humanity.
Lawyer Erik Dy, OSG spokesperson, pointed out the ICC cannot replace the country’s courts.
“The ICC may only exercise jurisdiction where domestic courts are incapable of carrying out the proper proceedings,” Dy said in a statement.
“There are adequate laws and remedies in our country to address the issue of alleged extra-judicial killings,” the lawyer pointed out.
Dy reminded that “petitions against the administration’s War on Drugs are now pending for resolution before the Supreme Court.”
“This negates the need for the ICC to take cognizance of the matter,” he stressed.
The OSG issued the statement after the Office of the President received notification that the ICC would conduct a preliminary examination into the allegations of crimes against humanity against Duterte and 11 other government officials.
Senate president
Citing the same view, Senate President Aquilino Pimentel III said it will take “just a matter of time” before the ICC dismisses its examination into these supposed crimes.
“I believe that simply is the procedure in the ICC they give every complaint an initial chance to survive,” Pimentel said in a text message to reporters Friday night.
“But after this initial review my prediction is that the complaint will be dismissed. It's just a matter of time. Ground: Lack of jurisdiction.”
The ICC conducts an independent and impartial preliminary examinations, investigations and prosecutions of the crime of genocide, crimes against humanity and war crimes in accordance with the Rome Statute, which the Philippines has entered into in November, 2011.
But Pimentel, a known ally of Duterte, believes that it will not prosper as “there are no grounds” to continue investigation into the complaint filed by lawyer Jude Sabio, a counsel of self-confessed hitman Edgar Matobato who claimed to be a part of the “Davao Death Squad” that supposedly operated on Duterte’s orders.
He added that the ICC’s move is nothing but a formality “to show that they are not discriminating the filer” and that “anybody can file a complaint.”
When asked to expound on his prediction that the case will be junked due to lack of jurisdiction, Pimentel replied: “Look at the crimes under the ICC's jurisdiction. Do you honestly believe what has happened here in Philippines falls under any of those very serious and grave crimes? Honestly?”
“Even those who despise President Duterte PLEASE be honest. Kayo na sumagot sa tanong niyo,” he added. (With reports from Jeffrey G. Damicog and Hannah L. Torregoza)