Rodrigo Duterte was 'not extradited' but 'surrendered' to the ICC— Malacañang
The Malacañang has reaffirmed that the arrest of former president Rodrigo Duterte over his alleged crimes against humanity is in compliance with the Philippines' commitment to the Interpol, stressing that he was "surrendered" to the International Criminal Court (ICC).
In a press briefing held on March 12, Presidential Communications Undersecretary Claire Castro gave an update on Duterte's condition hours after he departed via a chartered flight to The Hague, Netherlands to face the ICC, which ordered his arrest.
"Sa huling ulat sa atin ay siya ay nasa Dubai, at sa ngayon, nasa maganda naman siyang kondisyon. meron siyang kasama, 'yung preferred nurse niya, may kasama rin siyang abogado, at ang kanyang preferred na security," she said.
When asked whether the controversial ex-leader will receive any help from the current administration, Castro cited Republic Act 9851, otherwise known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
"Kahit ang dating pangulong Duterte ay masasabing dapat usigin or kailangang magkaroon ng hearing sa ICC, hindi naman papabayaan ng ating gobyerno, lalong lalo na kung ito ay patungkol sa kanyang karapatan. Sino man, kahit hindi dating pangulo, basta Pilipino, makakaasa 'yan ng tulong sa ating pamahalaan," she said.
On the petition to bring back Duterte
Former chief presidential legal counsel Salvador Panelo recently filed a writ of habeas corpus on behalf of Duterte's daughter Veronica "Kitty" Duterte.
The petition seeks to bring back the former Davao mayor to his home country as it would be "against the Philippine government for detaining a Filipino citizen... kidnapping him, and surrendering him to a foreign institution." Panelo also asserted that ICC has "no jurisdiction" over the former.
Castro said that it is only the Supreme Court who can decide on this issue, but surmised that the case may no longer matter.
"Usually, kapag 'yung tao ay nasa ibang bansa na, nagiging moot and academic 'yung issue. But depende pa rin 'yan sa Supreme Court, hindi natin pwede pangunahan kung ano ang magiging desisyon ng Supreme Court dito, she stressed.
In 2018, Duterte withdrew from the ICC as a member-state, taking effect the following year.
But according to the arrest warrant, the ICC still had jurisdiction over the Philippines as it focused on the killings that occurred while it was still a member-state.
Duterte was 'not extradited'
Castro clarified that Duterte was not extradited, or handed over for trial to another country where they have been accused of doing something illegal.
"He was not extradited in the first place, he was surrendered. It would be different to surrender and to extradite," she clarified.
She further addressed concerns that Duterte "was not given his day in court" before he was turned over to the ICC.
"It is regular. What the government did was regular, it is based on our own law, RA 9851... [This] is the first time that we did this, so if you did everything based on the law, I think there could be no question on that," Castro said.
Section 17, Chapter Seven of the act states that "the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."
She added that the government did not surrender just an ordinary citizen, but one who was accused of crimes against humanity.
On Sara Duterte's 'state kidnapping' remark
At the height of Duterte's departure, Vice President Sara Duterte claimed that her father's surrender to the ICC was a form of "state kidnapping" during an interview with reporters at the Villamor Air Base.
But Castro rejected her remark and asserted that what happened to Duterte was based on valid circumstances.
"Ano ano ba 'yung elements ng kidnapping? Pagkuha ng sapilitan nang walang awtoridad... Unang-una, paano magiging kidnapping kung may warrant of arrest? It was issued by an authority, by the court. Kapag ka meron nang issuance ng anumang order from the court, we have to comply," she explained.
"Wala akong nakikitang kidnapping dahil hindi nga ito pwersahan at lahat ng elemento na dapat gamitin para masabing valid 'yung warrant of arrest at 'yung paghingi ng assistance ng Interpol ay nandidiyan naman. Kumpleto tayo ng papel," she added.
According to Castro, Duterte may face 30 years of imprisonment should he be convicted by the ICC, but this may change depending on the defenses availed of by the former president.
She also said that as of the moment, there are "no discussions" on whether the Philippines will rejoin the ICC in the future. "We will just cross the bridge when we get there."
