De Lima, Robredo: Duterte’s ICC trial is due process

NAGA CITY - The arrest and detention of former President Rodrigo Duterte to face murder allegations related to his deadly "war on drugs" before the Hague-based International Criminal Court is part of due process, former Justice Secretary Leila de Lima and former Vice President Leni Robredo said Saturday.

“What we witnessed [during Duterte's pre-trial hearing] was due process and the observance of Duterte's rights as a suspect or accused before the ICC. Ganoon lang naman kasimple ang hiningi natin para sa libo-libong pinatay sa drug war, na sila ay binigyan sana ng pagkakataon na ipagtanggol ang sarili nila sa korte, imbes na dumerecho na lamang sa kamay ng mga berdugo ni Duterte,” de Lima said in a joint press conference with Robredo.

(That's the same due process we had been asking for the thousands killed in the drug war, that they be given a chance to defend themselves in court instead of being punished by Duterte's executioners.)

“Napakaswerte po ni Duterte sa pagkakataong binibigay sa kanya ng korte na kanya namang pinagkait sa libo-libo niyang pinapatay,” de Lima added.

(Duterte is very lucky to have that chance to defend himself in court, something he denied those thousands who were killed in the drug war.)

De Lima explained that Duterte’s ICC trial is grounded on two local laws: Republic Act 9851 or the Act on the Crimes Against International Humanitarian Law, Genocide, and Crimes Against Humanity; and the July 2021 Supreme Court ruling that mandates the Philippine government to cooperate with ICC proceedings if the alleged crimes were committed while the Philippines was a signatory to the ICC.

On March 14, 2018, the Duterte government announced the Philippines' withdrawal from the Rome Statute, the treaty that established the ICC. The withdrawal took effect a year later on March 14, 2019.

Six years later, Duterte, accused of crimes against humanity committed between 2011 and 2019, faced the ICC in a pre-trial.

“Republic Act 9851 was passed into law in 2009, way before we became a member of the ICC in 2011. It is clear under 9851 that the government can defer to an international court investigating the alleged crimes against humanity involving the former President. And it's also the ICC that issued the warrant of arrest. Also, in the Pangilinan et al. versus Cayetano [Supreme Court decision], malinaw rin po sa unanimous ruling na iyon that even if we already withdrew, the ICC retains jurisdiction over the alleged crimes that were committed during the time that we were still a member,” de Lima said.

(In the Pangilinan et al. versus Cayetano Supreme Court decision, it was made clear in the unanimous ruling that even if we already withdrew, the ICC retains jurisdiction over alleged crimes committed during the time we were still a member.)

“[Duterte's representatives] are raising [questions on] due process. But... they are being accorded due process now before the ICC. You saw the initial proceedings last night.  Wala po akong nakikita na kakulangan sa batas o wala po akong nakikita na nilabag na batas,” de Lima added.

(I don't see any deficiencies or laws violated in arresting him.)

Had it worse

Robredo, for her part, said de Lima, who spent seven years in detention before being cleared of the drug charges filed against her, endured far worse conditions than Duterte's current ICC detention circumstances.

“I won't go into the legalities, but I cannot help but compare ‘yung sitwasyon ngayon ni dating Pangulong Duterte sa sitwasyon ni Senator Leila before. Alam natin kung ano ‘yung pinagdaanan niya. She was incarcerated for almost seven years on trumped up charges,” said Robredo.

(I won't go into the legalities, but I cannot help but compare the situation of former President Duterte with Senator Leila before. We all know what happened to her. She was incarcerated for almost seven years on trumped-up charges.)

“Nakita ko yung sitwasyon niya (de Lima) na malayo sa sitwasyon ngayon [ni dating Pangulong Duterte]. Meron siyang computer, maayos iyong kanyang kalagayan, he can freely roam around, merong mga conjugal and family visits... maluwag. ‘Yung kay Senator Leila noon, hindi talaga ganun,” Robredo added.

(I saw de Lima's situation as very different from Duterte's now. He has a computer, his condition is decent, he can freely move around, and there are conjugal and family visits... it's relaxed. Back when Senator Leila was detained, it wasn't like that.)

Robredo recounted that de Lima, in her detention at the Philippine National Police Custodial Center, had limited privileges. Eventually, she was allowed to see a movie once a week with pre-approval and only from 1 to 5 p.m. on Saturdays. Her kin and friends were rarely allowed to visit her. De Lima was even held hostage and her life threatened by an Abu Sayyaf detainee.

“She had to endure all of that. Kasi sinunod niya ‘yung due process. Hinarap niya yung charges against her... no matter how difficult and unfair those charges were. Kahit obvious na political harassment, hinarap niya,” Robredo said.

(She had to endure all of that because she followed due process. She faced the charges against her, no matter how difficult and unfair they were. Even though it was obvious political harassment, she faced it.)

“So ang gusto ko lang sabihin, pinagdaanan niya to. And naging patient siya kasi alam niya may prosesong sinusunod. ‘Yung lahat lang na sinasabi ngayon, ano to eh, first step towards accountability, justice, na pinagdaanan rin ni Senator Leila. All this talk about everything that's happening, about due process, about how unfair everything is... lagi kong nababalik dun sa sitwasyon na iyon,” Robredo added.

(So what I want to emphasize is that she went through it. And she remained patient because she believed in the process. All this talk about everything that's happening now—about due process, about fairness—I always go back to that situation.)

Since his arrest on March 11, Duterte’s camp has filed multiple petitions before the Philippine Supreme Court seeking to nullify his arrest and bring him back home.

Vouches for de Lima

Robredo, meanwhile, endorsed de Lima's bid for a seat at the House of Representatives as the first nominee of the Mamamayang Liberal (ML) party-list.

“Iboboto ko ang Mamamayang Liberal hindi dahil sa Liberal ako, [iboboto ko sila] dahil First Nominee si Leila De Lima," Robredo explained. "Parang hindi naman natin kailangan pang sukatin pa ang [kaniyang] kapasidad, nakita na natin yan sa kaniyang matagal na pagsi-silbi,” Robredo said.

(I will vote for ML not because I am part of the Liberal Party but because the first nominee is Leila de Lima. We need not measure her capacity for public service, as we have witnessed her long dedication to serving the people.)

“Ang Mamamayang Liberal, hindi nabuo para lang magkandidato, nabuo ito way back 2012 pa," Robredo shared. "Ang Liberal, hindi lang isang partido, organisasyon ito nang mga hindi politiko, representantes ng marginalized sector na nagdadala ng kanilang agenda sa sektor,” Robredo added.

(Mamamayang Liberal was not formed just to run for office; it was established way back in 2012. The Liberal Party is not just a political group; it is an organization of non-politicians and representatives from marginalized sectors advocating for their causes.) — DVM, GMA Integrated News

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