Australia not hosting Duterte during ICC trial

MANILA, Philippines — The Australian government has not agreed to host Rodrigo Duterte amid the petition of the camp of the former chief executive to the International Criminal Court to allow his interim release from detention in The Hague.

A source yesterday said Australia is not considering allowing Duterte to stay in the country after Vice President Sara Duterte confirmed that it is one of the countries being considered once her father’s petition is granted.

In an interview in Melbourne last Sunday, the Vice President said her father’s lawyers are looking at Australia for his release to a third-party country.

Yesterday she confirmed she saw an email from the Australian government regarding its rejection to be a host of the detained former president in case his interim release is approved by the ICC.

She also maintained that the former president’s defense team did not reach out to Australia on the interim release.

“I saw an email by a certain Hasna of the Australian Department of Foreign Affairs and Trade. First, I’d like to clarify that the defense team of president Duterte never reached out to the Australian government to discuss about this interim release. There is no application of former president Duterte for interim release in Australia,” Duterte said in an interview in Davao City.

Duterte said she does not know where and to whom the email of Australian Department of Foreign Affairs and Trade was addressed.

“I have to confirm that the two countries, none of which is Australia. So, I do not know why (there was an email from Australia),” she added.

Critics are calling out the Vice President for seeking sympathy from overseas Filipino workers for her father, who is detained in The Hague for alleged crimes against humanity over his bloody drug war that claimed over 6,000 lives.

During a political rally calling for her father’s release, Vice President Duterte admitted to sending an informal message to Australian Foreign Minister Penny Wong.

“I did reach out to (Wong). Unfortunately, she is unable to meet me on Monday. So, I will not be visiting Australian government officials for this visit. I do hope that I could meet them on my next visit,” Duterte said.

“I informed her informally through a message that I am here in Australia and I am here to do a rally today. If she is available for a very brief quick chat, because I met her in the Philippines when she visited, I just want to say a ‘friendly hello.’ Nothing official,” she added.

Palace: Government wants to help victims

The Philippine government is not directly cooperating with the ICC when it placed witnesses in Duterte’s case in the ICC under its witness protection program, Malacañang clarified on Friday.

Presidential Communications Undersecretary Claire Castro said the government is ready to extend assistance to witnesses regardless of their circumstances.

“Whether these are witnesses of the victims in the ICC or other cases we will still extend help,” Castro said at a press briefing.

Justice Secretary Jesus Crispin Remulla on Thursday said three or four prosecution witnesses in the coming trial of Duterte in The Hague are under the government’s witness protection program. Remulla said the department has been providing protection for the witnesses since May, as requested by the ICC.

Duterte is facing crimes against humanity charges before the ICC for the thousands of deaths tied to his war on drugs.

Asked whether the DOJ’s decision has President Marcos’ blessing, Castro answered in Filipino, “That’s also what the President wants, to serve justice to those who deserve it.”

“It (Philippine government) will not directly cooperate with the ICC,” she added.

Pressed whether Marcos’ stance that the Philippine government “will not cooperate with them (ICC) in any way, or form” stays, Castro said, “It can be said that it is indirectly cooperating with the ICC. But, the primary intention of the government is to help the victims and the witnesses of the victims to get the justice they need.”

Remulla earlier clarified that while the government will take care of the safety and security needs of the witnesses in the country, it’s the ICC that will transport them to The Hague and give them protection.

Remulla explained that providing protection to the witnesses does not go against the government’s stance that ICC no longer has jurisdiction over the country.

Providing protection to the witnesses does not mean the Philippines has rejoined the ICC, he added, explaining that the government is just invoking the country’s own Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity.

Risks and fears

For victims of the deadly war on illegal drugs, no country or condition can alleviate their fears that former president Duterte will evade justice if his request for interim release is granted, their principal counsel said.

In formally opposing Duterte’s request for interim release, the ICC’s Office of Public Counsel for Victims (OPCV) highlighted the risks of granting the former president’s request for temporary liberty.

“Mr. Duterte’s political position and international contacts, as well as his financial situation, are relevant factors in determining the risk of flight,” read the 18-page filing of OPCV principal counsel Paolina Massidda.

“Victims have already indicated that no interim release, into any State, even with the strongest conditions, can alleviate their fears that Mr. Duterte will evade justice,” it added.

The OCPV was appointed by the court to represent the collective interests of potential victims pending the determination of a common legal representative.

Massidda, meanwhile, said that releasing Duterte will endanger the victims, given the extent of evidence that he already has access to.

“The suspect continues to wield considerable power… Mr. Duterte has since been reelected mayor of Davao, where crimes are alleged to have taken place, and retains strong influence over his (former and current) subordinates,” said the principal counsel.

“He is still very popular in the Philippines and commands widespread respect and obedience. Mr. Duterte’s previous statements are also relevant to demonstrate a risk that he will not collaborate with the ICC,” she added.

Impeachment

Once President Marcos openly backs the crimes against humanity case filed by the ICC against the former president, it can be a ground for impeachment against the Chief Executive, according to former presidential spokesman Harry Roque.

“The problem is it is always (Justice) Secretary (Crispin) Remulla who keeps on talking and President Marcos is saying differently as they are trying to evade impeachment as once President Marcos categorically says that the government will cooperate with the ICC, it can be a basis for the filing of impeachment, culpable violation of the Constitution,” Roque said on his Facebook message.

“The government cannot deny that Remulla is a political agent and under the theory of political agency, what the Secretary of Justice does is also reflective of the action of the President, so Marcos Jr. is not yet off the hook for culpable violation of the Constitution as it is clear that he knows what the Secretary of Justice is doing and he did not stop him to implement it,” he added.

Roque said that under the Constitution, it is only the judiciary under the Supreme Court and lower courts formed by laws who should have jurisdiction over Duterte.

“He (Marcos) keeps on saying that he will not cooperate with the ICC as it violates the sovereignty but, in the end, he volunteered to bring Tatay Digong to The Hague,” Roque said, referring to the arrest and surrender of Duterte on March 11. — Janvic Mateo