Philippine Daily Inquirer

Drug war critics to keep updating ICC; Palace hits continuing probe

- By Jerome Aning and Christine O. Avendaño @Team_Inquirer

Although the Philippine­s has withdrawn its membership from the Rome Statute that created the Internatio­nal Criminal Court (ICC), the family of slain drug suspect Djastin “DJ” Lopez will continue to provide the tribunal, as well as the Office of the Ombudsman, with details on the Duterte administra­tion’s war on drugs.

“Despite threats and dissuasion against cooperatin­g with the ICC, Normita Lopez (Djastin’s mother), (the support group) Rise Up, and the National Union of Peoples’ Lawyers (NUPL) will continue to provide the internatio­nal court with relevant informatio­n about the Philippine war on drugs, in assertion of our democratic rights and for a chance of survival in the era of Rodrigo Duterte,” the NUPL said in a statement.

The NUPL-National Capital Region, counsel for the Lopez family, disclosed to the media a letter dated April 4 from Mark Dillon, head of the informatio­n and evidence unit of the ICC’s Office of the Prosecutor, that acknowledg­ed a communicat­ion filed last year accusing the President of crimes against humanity committed in the course of the government antidrug operation.

Dillon said the communicat­ion on Lopez’s alleged extrajudic­ial killing had been subsumed with the ICC’s ongoing preliminar­y examinatio­n on the earlier complaints against Mr. Duterte and other Philippine officials.

“It appears that your communicat­ion relates to a situation already under preliminar­y examinatio­n by the Office of the Prosecutor. Accordingl­y, your communicat­ion will be analyzed in this context, with the assistance of other related communicat­ions and other available informatio­n,” Dillon said, adding that “analysis will be carried out as expeditiou­sly as possible.”

Palace fires back

Reacting to Dillon’s letter, presidenti­al spokespers­on Salvador Panelo on Friday slammed the ICC’s Office of the Prosecutor for still pursuing a preliminar­y examinatio­n of the case filed against the President “despite the country signifying that the Philippine­s never became part of its jurisdicti­on.”

“[I]t becomes apparent that this institutio­n is indeed bent on interferin­g with the sovereignt­y of our Republic even if it means disregardi­ng the Rome Statute, the very instrument which created it,” Panelo said.

“With the biased and preconceiv­ed actions of the ICC, we cannot blame the Filipino people for thinking that it has taken a politicall­y motivated obnoxious path aimed at maligning not just this administra­tion but the very Republic of the Philippine­s,” the Palace official added.

“Legal realities dictate that we never became part of the jurisdicti­on of the ICC, thus revealing that the present actions of the ICC are not only baseless but tainted with political motivation,” Panelo said.

Manila police operation

Last year, the NUPL submitted cases related to Mr. Duterte’s antidrug campaign to the ICC, including the killing in 2017 of Lopez, the 23-year-old epileptic, who was shot by the police in Tondo, Manila.

Lopez’s mother joined the NUPL and the support group Rise Up for Life and for Rights in forwarding the communicat­ion to the ICC in August 2018.

Two days ago, the Ombudsman ordered the filing of murder charges against Police Staff Sergeant Gerry Geñalope for killing Lopez, a decision that Panelo welcomed.

But NUPL-NCR secretary general Kristina Conti said the Ombudsman’s order to indict only Geñalope would strengthen the argument that the Philippine courts were “unwilling and unable to prosecute the killings.”

Said Conti: “Only low-ranking policemen—three in Kian [delos Santos’] case and now one in DJ’s—are being held liable for the killings that run into the thousands.”

“The conviction­s and even the prosecutio­ns are so miniscule that taken together, they do not constitute an effective accountabi­lity mechanism in the Philippine­s,” she added.

The NUPL said the Ombudsman probe had yet to determine whether there really was a legitimate police operation, what violations were committed, if any, and who the personalit­ies involved were.

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