De Lima: Don’t blame ICC, no cases filed vs Duterte, top execs in PH

Former Senator Leila de Lima and former President Rodrigo Duterte—GRIG C. MONTEGRANDE; MALACAÑANG FILE PHOTO

MANILA, Philippines — The International Criminal Court’s (ICC) investigation into the alleged drug war atrocities should not be looked at negatively as it would not stop unless cases have been filed against top officials like former President Rodrigo Duterte, former Senator Leila de Lima said on Monday.

At the hearing of the House of Representatives Committee on Human Rights, De Lima explained that the ICC pushed through with its probe into complaints against Duterte because it felt that local investigations into the supposed extrajudicial killings (EJKs) and the subsequent prosecution were lacking.

“We can’t blame the ICC for continuing the investigation because they are looking for investigations involving higher-level officials, including the former president. But there’s none,” she said in Filipino.

“That’s why their conclusion when they authorized [a probe] … was whatever processes, proceedings happening or being conducted in the Philippines do not amount to what they say ‘tangible, concrete, and progressive investigative steps that would qualify or would approximate and would be likened to the level and quality of investigation being conducted by the ICC,” she added.

De Lima also said she lauds the House panel for probing the alleged EJKs in the drug war, but a congressional probe will not deter the ICC from proceeding with its investigation.

“Now with this investigation, yes we are hopeful that we can obtain some significant evidence here that can really highlight what exactly happened, but if this will rest on a committee-level, or up to the Senate only, without being translated or converted into actual criminal proceedings, the ICC investigation would not stop,” she said in Filipino.

“So I know that as a congressional committee, your focus is really in aid of legislation, to come up with legislative measures. The chairperson mentioned a while ago that this is intended at not repeating this dark era of our history, from 2016 to 2022, if we can have congressional, legislative solutions or measures,” she added.

Duterte and other government officials responsible for the drug war, like former Philippine National Police (PNP) chief and now Senator Ronald dela Rosa, were charged with the crime against humanity of mass murder due to their role in the drug war.

Human rights groups have reasoned that prosecuting Duterte in the Philippines is almost impossible. While there are drug war-related cases filed in the country — including cases where complainants won — all have focused on police officers.

READ: Drug war critics file complaint vs Duterte for ‘crimes against humanity’

Committee member and Santa Rosa City Rep. Dan Fernandez said she supports de Lima’s view, noting that drug war victims’ relatives can use the results of the House investigation as additional evidence to be submitted to the ICC.

De Lima’s attendance at the hearing was supposed to be a face-off with Duterte, but the former president did not attend the House probe.

READ: Duterte, De Lima face-off sought in House inquiry

The panel invited Duterte in hopes that he would hear the testimonies of drug war victims.

READ: Duterte, dela Rosa invited to House hearing on drug war deaths

Several drug war-related issues were discussed at the hearing.

A police officer previously assigned to the Batasan Police Station in the Quezon City Police District was grilled after he failed to explain how the Duterte administration’s Oplan Double Barrel was implemented.

The committee also listened to Christine Pascual, mother of 17-year-old Joshua Pascual Laxamana who was killed by police officers in Pangasinan province during the drug war.

Cops said the minor fired against the police, but Pascual insisted that Laxamana was merely coming home from a DotA tournament in Baguio City and was just caught in the middle of the operation.

Human rights lawyer Chel Diokno also revealed before the committee that the Office of the President under Duterte listed over 20,322 drug war-related deaths as accomplishments, as cited in a 2017 year-end report that was sent to the Supreme Court.

READ: Diokno: Duterte’s OP listed 20,322 drug-war deaths as accomplishments