Panamanian accused of rape is still in PH – De Lima

Justice Secretary Leila de Lima said the automatic review of dismissed drug cases should be made “without prejudice to the right of the respondent to be immediately released from detention” unless an accused was being held on another case.

MANILA, Philippines—Justice Secretary Leila De Lima on Friday revealed that the Panamanian national accused of rape is still in the Philippines.

Quoting a report from the Bureau of Immigration, De Lima said there is no record that Erick Bairnals Shcks has left the country after he was released from police detention recently.

Shcks was released from police detention after he managed to secure a certification from the Department of Foreign Affairs (DFA) that he has diplomatic immunity.

“Yes, we believe that he is still here. There is no record from the Bureau of Immigration that he has already left the country,” De Lima said.

De Lima said they are expecting that the Panamanian government would observe inter-state courtesy.
“I would assume that the DFA is already talking to the Panamanian embassy. Inter-state courtesy would demand that they should deal with us in good faith and, therefore, they should not sanction any attempt [by Shcks] to evade our processes here in the Philippines,” De Lima said.

Shcks, a 35 year old technical officer of the Panama Maritime Authority, is facing a case for rape before the Makati City Regional Trial Court Branch 57. The 19-year old alleged victim said the rape took place last April 23 at Shck’s place.

De Lima stressed that since the alleged crime is a grave offense, a waiver may be made by the Panamanian government in order for Shcks to squarely face the charges under Philippine laws.

“I’m sure there is such a doctrine or a principle that diplomatic immunity can always be waived subject to certain agreements, subject to certain conditions… under existing principles of international law,” she added.

The Justice Chief also ordered the National Prosecution Service (NPS) to look into the circumstances behind the DFA’s submission of its first certification that led to Shcks’ release from detention.