ICC can freeze Duterte’s assets while trial still ongoing

The International Criminal Court (ICC) said it can already freeze the assets of former president Rodrigo Duterte even while the trial for his alleged crimes against humanity is still ongoing. 

According to Ian Cruz’s report in “24 Oras” on Tuesday, the freezing of Duterte’s assets will ensure that there will be enough money to pay for possible damages to the victims of his deadly drug war. 

In the ICC website, the Office of the Prosecutor will collect financial information of the suspect from the start of the hearings. 

Once a warrant of arrest or summons to appear is issued, a request may be issued for the identification, tracing, or freezing of property and assets of the suspect. 

Meanwhile, the registry, or those who perform the non-judicial functions of the ICC, will be responsible for searching for and recovering the assets of the litigated party. It will also request assistance from states and inter-governmental organizations to recover the said assets. 

However, there are complications when the country where the freezing of the assets of the accused is requested is not covered by the Rome Statute or is not a member of the ICC.

“These assets, when it’s in the Philippines, it needs the cooperation of the Philippine domestic authorities. If it’s outside, kung hindi ‘yan non-state party, hindi ‘yan obligated to cooperate under the Rome Statute,” said Gilbert Andres, one of the five Filipino lawyers in the ICC’s list of counsel. 

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But the Palace said that there is a legal way to enforce the freeze order if so requested by the ICC. 

“Kung ito ay magkakaroon ng issue or magbibigay ng order ang ICC, ituturo po natin, ibibigay natin sa AMLC kung kinakailangan po,” said Presidential Communications Office Undersecretary Claire Castro. 

(If there will be an issuance or the ICC will release an order, we will point it to the Anti-Money Laundering Council if needed.) 

When asked if it means that the Philippine government is coordinating with the ICC, the Palace official responded: “But if there's a need for that, ang AMLC walang sinisino. So kung kinakailangan po na mabigyan ng reparation, damages kung sino man ang masasabing biktima, kailangan pong ibigay ang hustisya.” 

(If there’s a need for that, the AMLC will exercise its role regardless who are affected. So if there’s a need to provide reparations, damages to the victims, we will provide justice to them.) 

For his part, former chief presidential legal counsel Salvador Panelo said that there is nothing to freeze given that Duterte is not rich. 

“Apart from there is no legal basis for the freeze, there is nothing to freeze, Duterte is dirt poor,” said Panelo. 

According to the SALN that was publicized in 2017, the former president had a net worth of over P28 million. 

The ICC, on the other hand, said it could also use its trust fund to provide various kinds of support to the victims. —Vince Angelo Ferreras/RF, GMA Integrated News