Imee claims PH gov’t 'helped' ICC personnel in Oct. 2024

Senator Imee Marcos on Thursday refuted government officials’ claim that it did not cooperate with the International Criminal Court (ICC) in the arrest of President Rodrigo Duterte.

During the continuation of the Senate foreign relations’ investigation, Marcos claimed that there was a Department of Justice briefer related to Duterte’s arrest as early as May in 2024.

The briefer, she said, was made in the midst of the issue of people’s initiative for charter change and the Maisug rally by the Dutertes in Davao City.

Apart from Duterte’s arrest, Marcos said the DOJ briefer also included matters on the potential return of the Philippines to the ICC.

“Maliwanag na last year pa, May of 2024, nag-umpisa na ito at sabi rito aware naman tayo na ‘yung policy ay hindi papasukin ang ICC, pero posible naman mag-iba,” Marcos said.

(It is clear that last year, in May of 2024, this already started, and we are aware that the policy is not to allow the ICC to enter, but it is possible that it will change.)

She then divulged the entry of at least four ICC personnel in the Philippines last October 2024:

• Maya Destura Brackeen, ICC Interpreter who arrived on Oct. 4, 2024
• William Rosato, ICC protection expert who arrived on Oct. 15, 2024
• Amir John Kassa, ICC protection expert who arrived on Oct. 20, 2024
• Glenn Roderick Thomas Kala, ICC investigator who arrived on Oct. 24, 2024

Marcos also mentioned that another ICC lawyer and a team composed of three people also arrived around October 19,2024.

These ICC personnel declared in their immigration forms that they will stay in three hotels in Metro Manila, and they supposedly asked for protection detail and transportation support from the Philippine authorities, according to Marcos.

“Humingi din sila ng protection detail and transport sa Pilipinas. So, maliwanag na ang Pilipinas ay tumulong at talagang nagpakita ng partisipasyon. Matagal na ito, Mayo pa tapos October pa kaya nagtataka po tayo bakit tinatanggi ng ating mga opisyal na may ganito,” Marcos quipped.

(They also asked for protection detail and transportation from the Philippines. So, it is clear that the Philippines helped and participated. It's been going on since May; then, in October, we are wondering why our officials are denying it.)

Documents

Meanwhile, Marcos also disclosed that the ICC personnel had sought the following documents during their stay in the Philippines:

• Bank account records of a certain Peter Parungo from June 2016 to 2019
• Blotter, seized evidence, radio transmission from PNP Quezon City Police Station 6 in Barangay Batasan Hills
• Hospital records from East Avenue Medical Center in Quezon City on all individuals brought in dead on arrival by the PNP between July 1, 2016 to June 31, 2017 and post-mortem, autopsy, and inspection details; individuals who had gunshot wounds following a shooting incident with PNP; details of any PNP officers treated for gunshot wounds

Marcos claimed that these very documents that were reportedly acquired by the ICC personnel were used in the warrant of arrest against Duterte.

“Itong agenda na sinasabing hiningi, siya rin ang lumitaw sa application for warrant ng ICC prosecutor. Sa madaling sabi, ang kaso sa ICC ay base sa ebidensyang binigay ng pamahalaan ng Pilipinas,” Marcos said.

(The agenda that was allegedly requested is the same one that appeared in the ICC prosecutor's application for a warrant. In short, the case at the ICC is based on evidence provided by the Philippine government.)

Case build-up

She then questioned why the intelligence community did not detect the moves of the ICC, mentioning that they were allocated enough confidential and intelligence funds over the years.

Marcos also found it contradictory that the Philippine government “cooperated” with the ICC even if the DOJ formed a task force in November 2024 that will be in charge of the case build-up of extrajudicial killings under the Duterte administration.

She presented DOJ’s Department Order No. 778 which formed the task force to investigate, create a case build up, and file appropriate charges on EJK-related cases.

“Sana andito ‘yung DOJ para sabihin kung ‘yung task force nga ba in-interview sila Sen Leila de Lima noon, Atty. [Neri] Colmenares, and [Human Rights] Commissioner [Richard]  Palpal Latoc. ‘Yan lang ang gusto nating malaman,” Marcos said.

(We were hoping that the DOJ would be here so we can ask if the task force talked to Sen. Leila de Lima, Atty. [Neri] Colmenares, and [Human Rights] Commissioner [Richard] Palpal Latoc. That's all we want to know.)

Further, the senator said there was a DOJ memorandum dated March 6 on the accomplishment report of the task force, which seeks an additional 90 days for the completion of their investigation.

“Sana ‘yung DOJ i-confrim nila, there already was a legal team in fact, there is an allegation na pati private legal team magbabayad sila para mag-draft ng complaint for murder against those responsible for the death of three nationals in the Davao prison,” she said.

“Kung may case build up, may draft of the complaint, why did we still have to cooperate with ICC and Interpol? It appears that the DOJ is arguing there is no investigation or prosecution in the relevant EJK cases but in fact sila mismo, may task force mayroon ng report, may hinihinig na mga private lawyer, meron na ring quadcomm sa Kongreso, merong Senate Blue Ribbon Committee, ano ba naman ito,” she went on. 

In an ambush interview, Senator Ronald “Bato” dela Rosa said that he already received information on PNP’s submission of documents to the ICC beforehand. 

“Meron akong mga impomasyon pero ayoko lang sabihin dahil ‘yung mga informant ko sa loob ng PNP  kawawa rin. Sila rin ang mamalasin pero yang mga tao na yan nagtitimpi na yan,” he said. 

(I have information but I don't want to disclose because my informant inside the PNP could suffer. They will be the ones on the receiving end but these people have long been holding back.)

Asked when he knew about this, the senator said, “Noon pa (Way back).”

“Kaya nga ‘di ako naniniwala walang kooperasyon ang gobyernong ito sa ginagawang imbestigasyon ng ICC. Deny sila nang deny, pero pang ilalim ginagawa nilang kooperasyon,” he added.

(That is why I don't believe there was no cooperation from government with the ICC investigation. They keep on denying, but they cooperate behind the scenes.)

Bersamin's letter

Officials from the DOJ and other government agencies skipped the hearing as previously relayed to the Senate by Executive Secretary Lucas Bersamin in a letter to Senator Marcos.

Marcos earlier released preliminary findings which indicated that the arrest of Duterte on March 11, on the basis of an arrest warrant issued by the ICC, violated the rights of the former president.

During the first hearing last March 20, Justice Secretary Jesus Crispin Remulla, Defense Secretary Gilberto Teodoro Jr. and National Security Adviser Eduardo Año told the committee that they neither cooperated nor assisted ICC’s investigation that led to Duterte’s arrest.

Remulla said that the Philippine government only adhered to Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity in surrendering Duterte to the ICC.

Duterte is currently in ICC’s custody in The Hague, Netherlands after Philippine authorities served the warrant of arrest against from the international tribunal. —VAL/RF, GMA Integrated News