Roque: Ex-President Duterte won’t attend House probe on drug war deaths

Former president Rodrigo Duterte will not attend the House investigation into the killings of thousands of drug suspects in police operations during his administration, his former spokesperson Harry Roque said.

“As guaranteed by our Bill of Rights, Congress cannot compel former President Duterte to be a witness against himself,” Roque said.

The House committee on human rights has invited Duterte as well as his former police chief, Senator Ronald “Bato” dela Rosa, to the ongoing inquiry.

Roque, a lawyer, cited Supreme Court decisions on People vs Ayson (1989) and Rosete vs. Lim (2006) which provide that the right against self-incrimination prescribes an “option of refusal to answer incriminating questions and not a prohibition of inquiry.”

“Our former President firmly believes that the Lower House is not the proper forum to investigate any criminal allegation against him,” he added.

Roque, however, said Duterte is willing and able to appear in any Philippine court to answer any criminal accusation on extrajudicial killings related to the drug war.

“Tatay Digong is unafraid to face all his accusers in any domestic court. He will cooperate and participate in any criminal investigation, provided that Filipino prosecutors conduct the proceeding,” Roque said.

In addition, Roque said that every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal, or administrative proceeding, should be accorded the same constitutional right against self incrimination.

“Any witness, whether he is a party or not, has the right to refuse to answer questions that may incriminate him for some crime,” Roque said.

Duterte and other top officials of his administration are already being investigated by the International Criminal Court (ICC) in connection with alleged commission of crimes against humanity for systematic drug war deaths in police operations during his tenure.

These deaths reached around 6,000 based on government records, but human rights groups contend that the deaths reached as much as 30,000, including vigilante killings, due to Duterte's policy.

The former Chief Executive, however, has insisted that the Philippines is not under ICC jurisdiction due to his withdrawing the Philippines from the Rome Statute in March 2019.

One year and six months after this pullout, the ICC pre-trial chamber found reasonable basis to probe the Philippine government for alleged crimes against humanity due to systematic killing of citizens in pursuit of a state policy of anti-drug war.

Since then, the ICC Appeals Chamber has also denied the Philippine government’s appeal to stop the ICC probe, saying it has failed to prove to the ICC that a legitimate investigation into the drug war killings and the prosecution of the perpetrators are being conducted by Philippine authorities. — BM, GMA Integrated News