Metro Manila (CNN Philippines, November 15) — The Department of Justice (DOJ) is working to bring back expelled Negros Oriental Representative Arnolfo Teves Jr. to the Philippines and bring him to trial through a request for rendition with the government of Timor-Leste, where the congressman has sought asylum.
In an interview with CNN Philippines’ The Source on Wednesday, Secretary Jesus Crispin Remulla was asked how the government plans to bring Teves, who was designated as a terrorist in August, back to the country from Timor-Leste since both states have no extradition treaty.
“Rendition. Under the United Nations agreement on terrorism, there’ s a duty of host states to turn over to the states of jurisdiction those who have pending cases of terrorism in their countries so that they can be held for trial,” he explained.
Rendition is an alternative to extradition, where a person is transferred from one jurisdiction to another, following specified legal proceedings.
The Anti-Terrorism Act of 2020 defines extraordinary rendition as “ the transfer of a person, suspected of being a terrorist or a supporter of a terrorist organization, association, or group of persons to a foreign nation for imprisonment and interrogation on behalf of the transferring nation.”
The law says this may be done without framing any formal charges, trial, or approval of the court.
Extradition, meanwhile, is when a person who committed a criminal offense is surrendered by a state where he was found, to the state where he was proven to have done the crime. This is governed by a treaty between the two states.
A case should be filed first before the extradition process starts. The offense committed by the individual should also be considered a crime in both states involved.
Remulla said the Philippines may be the first country to request for a rendition. He said the state counsel and the DOJ’s legal team have been working to file the request “very soon.”
“Probably it’s a good Christmas gift to Mr.Teves,” Remulla added.
As of now, Remulla said Teves is waiting for the decision on his appeal after his request for political asylum was denied by Timor-Leste. If the appeal is rejected, the former congressman will be deported to his point of origin, the justice secretary said.
