Philippines can deny entry of ICC members probing drug war, says Escudero

Senator Francis Escudero said the government can deny the issuance of visa to probers of the International Criminal Court should they attempt to enter the Philippines to pursue the investigation on the killings allegedly linked to the illegal war on drugs.

The lawmaker raised the suggestion when asked about Presidential Legal Counsel Juan Ponce Enrile's remark that the ICC investigators should be arrested if they enter the country.

"I don’t know the basis of that because you cannot just arrest anyone. If at all, huwag ninyo na lamang bigyan ng visa," he said.

"Sa pamamagitan lamang ng pag-withdraw ng visa at pag withhold ng entry puwede naman iyon. Hindi na puwedeng dumating pa sa punto na magkaka-arestuhan at ipapakulong pa. Lalo lamang parang pinausok ng gasolina ang apoy," he added.

Escudero also said the Department of Foreign Affairs and the Department of Justice must seek clarification from the ICC why it decided to pursue the investigation into the Duterte administration's drug war when there is an ongoing probe on extrajudicial killings.

"To my knowledge, there is an ongoing investigation being conducted by both the [National Bureau of Investigation] and the Department of Justice as far as extrajudicial killings associated with the drug war of the previous administration. This matter has to be clarified to our Department of Foreign Affairs with the ICC at the proper time," he said.

"Does that mean they rejected the position of the DOJ that we are currently doing our own investigation? Marahil ang pagpapatuloy ng imbestigasyon ng ICC ay hindi pagsunod o pagpapaniwala sa ipinaliwanag ng ating kalihim, DOJ secretary na mayroong ongoing investigation," he added.

Although the Philippines already withdrew from the Rome Statute, Escudero said the ICC can still interfere with any violation of human rights if the government is not doing its job to investigate and prosecute those involved.

"May panahon pa ang Department of Foreign Affairs at Department of Justice para gumawa ng representasyon para ipaliwanag: Ito ba ay pag-reject sa ipinaliwanag ni [Secretary of Justice Jesus Crispin] Remulla na mayroong imbestigasyong nagaganap kaya hindi pa sila dapat o puwedeng pumasok? Iyan ba ang ipinahihiwatig nila sa muling pagbubukas ng imbestigasyon at kung iyon nga ay may pagkakataon ang Pilipinas na humingi ng rekonsiderasyon sa  desisyong iyon kung saka-sakali?" he asked.

Last week, the ICC authorized the reopening of an inquiry into the brutal anti-drugs campaign under the administration of Duterte.

The ICC said its pre-trial chamber "is not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the court's investigations."

"The various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps," it said.

Former President Rodrigo Duterte pulled the Philippines out of the Hague-based tribunal in 2019 after it began a preliminary probe into the drug war, followed by the launch of a formal inquiry later that year.

But the probe was suspended in November 2019 after Manila said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.—LDF, GMA Integrated News