PH gov’t won’t stop ICC from interviewing drug war suspects —SolGen Guevarra

Solicitor General Menardo Guevarra on Tuesday said the Philippines cannot stop the International Criminal Court (ICC) prosecutor from interviewing persons of interest in its investigation on the Duterte administration’s war on drugs.

“[T]he Philippine government cannot stop him from proceeding in any way he wants,” Guevarra said in a message to reporters.

“He can directly interview persons of interest online, through the phone, by email, or face to face, subject to the consent of these persons,” he added.

Guevarra did not name names, but former senator Antonio Trillanes IV earlier said that Senator Ronald “Bato” Dela Rosa and four other former ranking police officials have been tagged as suspects.

Trillanes posted a supposed redacted copy of an order by the ICC's Office of the Prosecutor (OTP) on X (formerly Twitter).

Others supposedly named in the document were former PNP chief Oscar Albayalde, former Criminal Investigation and Detection Group (CIDG) chief Romeo Caramat Jr., former National Police Commission commissioner Edilberto Leonardo, and former PNP Intelligence Officer Eleazar Mata.

According to Guevarra, the document was supposed to be confidential but was released, forcing him to explain to the public.

He said that in its communication, the ICC prosecutor requested assistance from the Philippine government.

“Dahil yan naman ay parang lumitaw na ay parang napilitan ako kumbaga para ipaliwanag sa ating taumbayan kung ano ang ibig sabihin ng communication na ‘yun galing sa ICC prosecutor,” he said in a separate interview on Balitanghali.

(Because it has been divulged, I am forced to explain to the public what the communication from the ICC prosecutor means.)

“Humihingi ng assistance ‘yung ICC prosecutor sa Philippine government para ma facilitate ‘yung pag interview ng prosecutor dito sa limang tao na binabanggit doon sa communication,” he added.

(The ICC prosecutor was requesting assistance from the Philippine government to facilitate the interview of the prosecutor on these five people named in the communication.)

He said the prosecutor must do this before applying for a warrant of arrest.

In a separate statement, former Presidential Spokesperson Salvador Panelo slammed Guevarra’s “contradicting” statement.

“By saying that the Philippine government will not stop and allow the ICC  investigation, the SolGen is effectively conceding that the ICC has jurisdiction over this country thereby not only contradicting but subverting the pronouncement of PBBM (President Ferdinand Marcos Jr.) on the ICC,” Panelo said.

Panelo, who served as spokesperson during the Duterte administration, also said Guevarra's filing of requests to delay the investigation before ICC shows that the Philippine government recognizes its jurisdiction.

Disengaged from ICC

Guevarra, meanwhile, maintained that the Philippines has disengaged from the ICC and has no legal duty to lend the body any assistance.

The Philippines, under then-President Rodrigo Duterte, withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after the tribunal began a probe into his drug war.

“The ICC prosecutor cannot expect that the Philippine government will facilitate for him,” Guevarra said.

When sought for comment on the supposed tagging, Dela Rosa only dismissed Trillanes' post, saying there is nothing new to it.

“My name [has] always [been] mentioned since 2016. Seems like a broken record that keeps on repeating the same lines,” he said. 

Meanwhile, Albayalde said he is ready to face the ICC.

Based on government records, around 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related slays.

In January 2023, the ICC authorized the reopening of the inquiry after it was suspended in November 2021.

The ICC Appeals Chamber in July 2023 also denied the government’s plea against the resumption of the inquiry, prompting numerous government officials to speak against continued engagement with the ICC.

For his part, President Ferdinand Marcos Jr. earlier said that the government would not serve any arrest warrant from the ICC against Duterte. He has said that  he does not recognize the jurisdiction of ICC in the Philippines and considers the tribunal as a threat to the country's sovereignty.—AOL/RSJ, GMA Integrated News