Virgilio Lorenzo Jr

Duterte’s arrest an act of PH sovereignty, EJK victims’ lawyer says

Article (news)

Carmelle Lacuata

ABS-CBN News

MANILA — One of the legal counsels of the victims of the Duterte administration’s war on drugs countered allegations that the former Philippine president’s arrest was an act of “injustice”. Atty. Gilbert Andres, in an interview with ABS-CBN News Europe correspondent Jofelle Tesorio outside the  the International Criminal Court (ICC) Detention Center in Scheveningen, in The Hague, Netherlands, on Thursday, said the process of the arrest of former President Rodrigo Duterte is in accordance to Philippine laws, specifically Republic Act No. 9851 or the International Humanitarian Law Act.RA 9851 was signed into law on December 2009, even before the Philippines ratified and endorsed the Rome Statute in 2011.“Hindi po siya injustice. In fact, this is really an implementation of the international criminal justice system. At ikalawa lang po, gusto ko pong puntiryahin, mayroong basehan po na legal. There is strong legal basis po para sa pag-arrest kay Mr. Rodrigo Duterte, and that’s actually under Philippine law, Republic Act 9851 or the IHL Act. Nakasaad po sa RA 9851, Section 17, Philippine authorities may voluntarily surrender a person who is being investigated or prosecuted before an international tribunal, at sino po ang international tribunal na ‘yan, ‘yan po ang ICC,” he said.“Kaya this is actually an act of sovereignty of the Philippines in order po na mabigyan ng justice ‘yung mga victims ng war on drugs,” Andres added.According to Andres, the duration of the whole process will depend on the Pre-Trial Chamber, which is in charge of the  confirmation of charges.He, however, said that the process in ICC is usually shorter than normal legal procedures in the Philippines.<div>‘MIRACLE FROM GOD’</div>According to Andres, the kin of the victims of the drug war did not expect Duterte’s arrest, and saw it as a “miracle from God”.“In fact they see this as a miracle from God na nagkaroon po ng arrest, nagkaroon po ng ICC custody over Mr. Rodrigo Duterte, kasi akala nila napakamakapangyarihan po ni Mr. Duterte,” he said.He also said the victims want to be part of the whole process.“Ikalawa, they really want to be part of that process kasi nandito nga sa The Hague and they want to be an intrinsic part,” Andres said.“And third, talagang victim-centered naman talaga ang justice system, ang international criminal justice system, so malaki po ang magiging papel ng mga biktima, mga kaanak nila,” he added.<div>INTERIM RELEASE</div>When asked what remedies Duterte can avail of, Andres explained the former president can apply for interim release, which is also something the Pre-Trial Chamber have to decide on.“Will the suspect, kasi suspect pa lang ngayon, will actually avail for the application of interim release? ‘Yun po ‘yung hihintayin ng Pre-Trial Chamber. At kung magfile nga for application for interim release, ide-determine ng Pre-Trial Chamber kung may grounds for interim release, kasi kung wala, dito pa rin po sa ICC custody, in this facility,” Andres explained.Andres is one of only five Filipino lawyers who are on the official List of Counsel before the ICC. Only lawyers on the list are allowed to practice before the ICC.Aside from Andres, other Filipino lawyers on the list, as of February 24, 2025, are Atty. Joel Butuyan, Atty. Charles Janzen Chua, Atty. Nashmyleen Marohomsalic, and former presidential spokesperon Herminio Harry Roque. The Duterte patriarch arrived at Rotterdam airport at 4:56 p.m. CET (11:56 p.m. Philippine time) and proceeded to Scheveningen, The Hague, Netherlands where the ICC detention center is located.Duterte was earlier reported to have arrived at the Scheveningen detention center in The Hague on Wednesday night (March 12) where he will be detained while facing murder charges at the International Criminal Court (ICC).He is expected to stay at the ICC Detention Centre, which is located within the prison facility.However, former Executive Secretary Salvador Medialdea said he was informed that Duterte is not in the ICC detention facility, as of Thursday night (Philippine time).He also said they have yet to receive information on the actual whereabout of Duterte.<div><a href="https://www.abs-cbn.com/news/nation/2025/3/13/medialdea-on-duterte-we-don-t-know-where-he-is-right-now-2126">‘We don&#x27;t know where he is’: Duterte not in ICC detention center, Medialdea says</a></div>Duterte, who led the Philippines from 2016 to 2022, was arrested early on Tuesday in Manila, marking the biggest step yet in the ICC&#x27;s probe into alleged crimes against humanity during an anti-drugs crackdown that killed thousands and drew condemnation around the world.Pro-Duterte supporters have gathered outside the prison, before his arrival, holding banners, chanting Duterte&#x27;s name and waving Philippines flags.Duterte, 79, could become the first Asian former head of state to go on trial at the ICC in The Hague.The ICC&#x27;s warrant for his arrest says that as president, Duterte created, funded and armed death squads that carried out murders of purported drug users and dealers.In coming days, he will be brought before a judge and the allegations will be read out in court. Prosecutors accuse him of crimes against humanity for systematic attacks that led to dozens of murders. - with reports from Jofelle Tesorio, ABS-CBN News; Reuters<div><a href="https://www.abs-cbn.com/war-on-drugs">War on Drugs: The Unheard Voices</a></div>

One of the legal counsels of the victims of the Duterte administration’s war on drugs countered allegations that the former Philippine president’s arrest was an act of “injustice”.

One of the legal counsels of the victims of the Duterte administration’s war on drugs countered allegations that the former Philippine president’s arrest was an act of “injustice”.

Duterte’s arrest an act of PH sovereignty, EJK victims’ lawyer says

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Duterte’s arrest an act of PH sovereignty, EJK victims’ lawyer says

Rose Carmelle Lacuata,

ABS-CBN News,

Jofelle Tesorio

Published Mar 13, 2025 10:34 PM PHT

Read More:

The Hague

ICC

International Criminal Court

Gilbert Andres

EJK

extrajudicial killings

Rodrigo Duterte

war on drugs

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