Senate to probe release of Panamanian rape suspect

The Senate is taking up the cudgels for a 19-year-old Filipino woman who has accused a Panamanian national of rape.

Outraged senators said they would look into the issuance by the Department of Foreign Affairs  (DFA) of a certification that led to the release of Erick Bairnals Shcks on the ground that he had diplomatic immunity.

“Rape would not fall under the ambit of a diplomat’s official functions,” Sen. Loren Legarda said on the Senate floor yesterday. She also demanded that the DFA and Department of Justice explain if they gave precedence to diplomatic immunity over a victim’s rights, saying this immunity was not absolute.

On a motion by Majority Leader Vicente Sotto III, the committees on foreign relations, justice and human rights are opening an inquiry into the matter next week.

Senate President Juan Ponce Enrile backed the move, saying, “We better look into this. Anybody raping a Filipina, even if he’s a diplomat, at least should be haled to court to answer for it.”

Enrile said the DFA director for immunities and privileges who issued the certification that stated Shcks had diplomatic immunity “should be removed.”

Shcks was released from police detention based on the DFA certification.

The 35-year-old technical officer of the Panama Maritime Authority who holds a diplomatic passport is facing a rape complaint filed by the alleged victim with the Makati Police. She said the rape took place in Shcks’ condo on April 23, days after he befriended her.

Legarda, chair of the foreign relations committee, pointed out that the Vienna Convention on Diplomatic Relations granted immunity to diplomats, ambassadors and officials of international organizations, but this was “anchored on functional necessity” and, thus, was not absolute.

Sotto, in a privilege speech, said he was amazed at the speed by which a member of a foreign embassy was exonerated.

“Is it not that there are crimes that are not covered by diplomatic immunity? As a matter of fact, international law has no natural superiority over local laws. Even labor laws in the United States put our ambassadors in hot water if there is an inkling that they are harboring an illegal immigrant in their household,” he said.

Meanwhile, the lawyer of the alleged rape victim said they welcome the Senate probe.

“When the DFA issued the immunity and the suspect walked free, she was devastated,” DJ Jimenez said, adding that his client felt betrayed “by the very government that was supposed to protect her.”

“Now, she is somehow relieved, but we are not relying on that alone,” he continued, referring to the investigation being spearheaded by Sotto. “We’re happy to know that people are helping her.”

According to him, the Makati Regional Trial Court Branch 57 will hear their appeal today on Shcks’ release.