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Senate minority pushes due process before any surrender to ICC

Senators Christopher “Bong” Go (left) and Ronald “Bato” dela Rosa (right)

Metro Manila, Philippines – Filipinos must be allowed to avail of legal remedies in the country before any surrender to foreign entities, the nine-member Senate minority bloc said, as two of its members face allegations before the International Criminal Court (ICC).

The minority’s proposed resolution seeks to express the sense of the Senate “to protect all Filipinos against extraordinary rendition and guarantee them a reasonable time prior to their surrender by or extradition from the Philippines to seek redress from the courts and avail of legal remedies.” 

A copy of the measure was shared with the media on Thursday, Feb. 19. It was filed on Wednesday by Minority Leader Alan Peter Cayetano and colleagues Ronald “Bato” dela Rosa, Jinggoy Estrada, Francis “Chiz” Escudero, Christopher “Bong” Go, Rodante Marcoleta, Imee Marcos, Robin Padilla, and Joel Villanueva. 

The ICC formally named Dela Rosa and Go as among the “co-perpetrators” in the crimes against humanity case for murder against detained former President Rodrigo Duterte. 

The resolution cited an alleged lack of due process in Duterte’s surrender to the ICC last year, saying it was done “without affording him reasonable opportunity to seek redress from our own judicial system.”

It added that Dela Rosa and Go, as well as the other alleged co-perpetrators of Duterte, are now “vulnerable to also being subjected to extraordinary rendition.”

”These Filipinos have not been formally charged, much less convicted, of any criminal offense under domestic and international law,” the resolution stated. 

It added that they “have every right to expect that their country shall ensure that all measures to guarantee their protection within the bounds of law and ensure that they are afforded due process.”

In a media interview on Wednesday, Cayetano said local courts should not be rendered powerless. 

“I do understand that there are emotions here. There’s human rights issues. Pero nababawasan ba yung human rights kung yung isang tao ay nakaka-takbo muna sa korte [But are human rights diminished if a person is first allowed to go to court],” he asked. 

Senate President Pro Tempore Panfilo “Ping” Lacson earlier said there must be a corresponding local court order to implement possible ICC arrest warrants in line with the Constitution.

Senate President Vicente “Tito” Sotto III said it may be premature to discuss the matter since no arrest warrants have been issued, but added he would call for a caucus if his colleagues request one.

Dela Rosa, former Philippine National Police chief under the Duterte administration, has been absent from Senate sessions for the past three months amid reports that the ICC has issued a warrant against him.

Go, Duterte’s former aide, said he will continue attending sessions, maintaining that he has nothing to fear because he is innocent.

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