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VP Sara, 2 senators named in ICC probe documents

July 23, 2023July 23, 2023 Ellen

Former president Rodrigo Duterte with daughter Vice President Sara and Sen. Bong Go in a 2019 photo when they attended the enthronement of Japanese Emperor Naruhito. Malacañang photo

Aside from former president Rodrigo Duterte, Vice President Sara Duterte-Carpio and two incumbent senators were named in documents submitted to the International Criminal Court (ICC) investigating the killings related to the drug war during the previous administration and when Duterte was mayor of Davao City, a copy of the documents obtained by VERA Files shows.

The vice president’s name was mentioned as knowing and approving the killings when she was city mayor, a post that her father held for more than 20 years. Sara was mayor from 2010 to 2013, and from 2016 to 2022.

A person knowledgeable of the ICC probe said she could be issued a “summons” by the ICC. If she would not comply with the summons, she would be issued a warrant of arrest.

This is the first time the name of Sara was mentioned in the documents relevant to the ICC investigation.

VERA Files sent messages to the OVP, her spokesperson and media officer for her side, but got only an automated reply from the OVP acknowledging receipt of the email and that it has been forwarded to the concerned unit for appropriate action. Her spokesperson also acknowledged VERA Files’ request sent by text.

On July 18, 7:51 p.m. Sara’s information officer Jefrey Tupas sent a text message: “No comment.”

Bong Go
Sen. Christopher Lawrence “Bong” Go, the former president’s longtime aide, was mentioned at least 70 times and Sen. Ronald “Bato” Dela Rosa, at least 90 times in a 186-page affidavit by a person who had knowledge of Duterte’s bloody style of governance but had asked not to be identified.

Once included in the investigation, Dela Rosa and Go could be issued warrants of arrest by the ICC.
Several other names were mentioned in the documents that covered at least 100 killings that happened mostly in Davao City when Rodrigo was mayor.

The probe on the killings related to the Duterte administration’s bloody war on drugs continues after the the ICC on July 18 rejected the Philippine government’s appeal to stop the investigation.

According to the documents with the ICC, during the years when Go served as executive assistant and personal aide to then-Davao City mayor Rodrigo Duterte, he, on several instances, was the one who relayed the former’s orders to kill to the Davao Death Squad, which was allegedly carrying out the extrajudicial killings for the local chief executive.

Some of the kill orders were unrelated to the anti-illegal drug campaign. Rodrigo served as Davao City mayor for 22 years, from 1988 to 2016, broken only by years when he held other elective positions (1998-2001, member of the House of Representatives and 2010-2013, vice mayor).

The documents also contained a report of two separate killings, which were allegedly ordered by Go, and “cleared and approved by Mayor Rodrigo Roa Duterte.” One was the murder of Primo Nilles, driver of businessman Jon Gaisano, whose wife Ana Nilles was one of the suspects in a cash pilferage in Gaisano’s business establishment. The other was the killing of second-hand truck importer Christopher Yu sometime in 2013 or 2014.

Go held a powerful position during the Duterte presidency as gatekeeper for the chief executive. Even when he was elected senator in 2019, he was always seen in almost all the activities of the president.
VERA Files tried to get the side of Go by email and text but has not received any reply as of July 17.

‘Bato’ Dela Rosa

Dela Rosa was Davao City police chief from 2012 to 2013 under then-mayor Sara Duterte-Carpio, who is now vice president. He previously held other positions such as station commander and intelligence division chief under the Davao City Police Office from 1992 to 1997, when the elder Duterte was the city mayor.

In the documents, it was alleged that Dela Rosa formed his own death squad to carry out anti-illegal drug operations in Davao.

As chief of the Philippine National Police (PNP), he presided over Duterte’s bloody war on drugs from 2016 up to 2018, which saw the killings of some 30,000, according to the estimates by human rights groups. Police admit to some 6,000 killed in drug war operations.

VERA Files also tried to get the side of Dela Rosa but has not received a reply as of July 17.

Dela Rosa had said that he was not afraid of the ICC investigation as the Netherlands-based court no longer has jurisdiction on the Philippines. However, the police chief-turned-senator admitted avoiding traveling to countries he perceives to be “loyal” to the ICC to evade potentially getting arrested should the court issue a warrant for him.

“Hindi ako takot. Alam ko naman na walang mangyayari diyan kung hindi lang ako lalabas sa ating bansa … just in case pupunta ako sa ibang bansa at huhulihin ako doon, nandiyan na si Sen. [Francis] Tolentino to the rescue para mag-represent sa akin sa kahaharapin ko,” Dela Rosa said last March

[I’m not afraid. I know that nothing would happen as long as I don’t go outside the country … just in case I go to another country and I will be arrested there, Sen. [Francis] Tolentino will be there to rescue and represent me.]

Senators Ronald “Bato” dela Rosa and Christopher Lawrence “Bong” Go during a hearing by the Senate Committee on Labor, Employment and Human Resources Development on January 28, 2020. Senate photo by Alex Nueva España

Although it lacks police power, the ICC relies on its 123 member states to cooperate in enforcing its arrest warrants. It can also seek the help of the International Criminal Police Organization (Interpol) by issuing a request to its 195 member countries, including the Philippines, to arrest a wanted individual. Still, it is entirely subject to Philippine discretion to implement an Interpol request.
ICC approval of investigation

In September 2021, the ICC Pre-Trial Chamber I granted the request of former prosecutor Fatou Bensouda to launch a full-blown probe into the alleged crimes against humanity in the Duterte administration’s drug war from July 2016 to March 16, 2019. It also allowed the probe to cover the alleged killings and related crimes in the Davao region from November 2011 to June 2016 by the “Davao Death Squad.”

The Pre-Trial Chamber is a judicial body in the ICC that permits the court’s prosecutor to conduct or resume an investigation. It also issues arrest warrants or summonses to those wanted of crimes against humanity, war crimes and other international crimes.

In her 57-page investigation request, Bensouda named Duterte for ordering the implementation of the drug war and publicly expressing support for the killing of suspected drug personalities.

She said other officials who used a similar rhetoric include Justice secretary Vitaliano Aguirre II who once said that “the criminals, the drug lords, drug pushers, they are not humanity”. Aguirre denied that he ever said drug lords “are not humans.”

Duterte’s first two PNP chiefs — Dela Rosa and Ronald Albayalde — were also named for implementing Duterte’s drug war. Bensouda said Albayalde, who replaced Dela Rosa in April 2018, publicly declared his commitment to continue Dela Rosa’s drug war upon assuming the top PNP post.

Bensouda made the investigation request to the Pre-Trial chamber a month before her term ended on June 15, 2021, with British lawyer Karim Khan succeeding her. Her launching of a preliminary examination into the drug war killings in February 2018 was followed by Duterte’s order to withdraw the Philippines as an ICC member, which took effect on March 16, 2019.

Duterte has consistently questioned the jurisdiction of the ICC to investigate him.

PH government appeal

In its appeal to reverse the decision of the Pre-Trial Chamber allowing Bensouda’s successor Khan to resume the drug war investigation on Jan. 26, the government insisted on the ICC’s lack of jurisdiction over the Philippines because it has ceased being a member since March 17, 2018.

Invoking the principle of complementarity where the ICC may exercise jurisdiction only when domestic legal systems fail to do so, or a state is unwilling or unable to genuinely carry out proceedings, the government cited a few cases that have found guilty policemen who were involved in extrajudicial killings in drug operations such as in the murder of 17-year old Kian de los Santos in 2017.

However, the Appeals Chamber, which hears appeals on decisions on jurisdiction or admissibility, was not impressed saying the Philippine courts “only address the physical, low-ranking perpetrators and at present do not extend to any high-ranking officials.”

Reacting to the rejection by the ICC of the government’s appeal,President Marcos reiterated his government’s position not to cooperate in the ICC probe.

Fr. Flavie’s Program Paghilum

June 5, 2023June 5, 2023 Ellen

Dutch ambassador gives ashes to son of the victim. Photo by Vincent Go.

“I think he is into drugs.”

Fr. Flavie Villanueva was referring to Sen. Christopher Lawrence “Bong” Go, who suggested on May 23 that former president Rodrigo Duterte be named as anti-drug czar. Duterte’s presidency was notorious for the brutal drug war that killed more than 20,000 (official police figure is more than 6,000) persons.

Thankfully, Duterte shot down immediately his former aide-turned-senator’s idea, saying that it is President Marcos Jr.’s call now and he should be given “the greatest elbow room, leeway to do his job.”

Fr. Flavie does not buy the line that the Duterte administration’s murderous war against illegal drugs is much more effective than the current government’s strategy, given the recent expose of police involvement in illegal drug trafficking. “Ang mga nahuhuli nila noon ay mga nasa laylayan. Ang mga nahuhuli nila ngayon ay malalaking isda.”

(The ones they caught before were those in the low fringes of society. The ones caught now are the big fishes.)

Fr. Flavie knows the heavy toll of Duterte’s “kill, kill, kill” formula, having taken care of hundreds of orphans, widows and widowers left behind by the victims of those bloody operations.

At the time of the interview, Fr. Flavie was officiating the blessing and turnover of urns to the families of six victims at the Sacred Heart of Parish Shrine in Quezon City. The event was part of Program Paghilum (Healing), which helps widows and orphans of EJK victims in rebuilding and re-creating their lives.

Fr. Flavie blesses the urns containing the ashes of the EJK victims. Members of the victims’ families join him in prayers. Photo by Vincent Go.

Under “Project Arise,” the remains of the victims of extra-judicial killings, which are buried in apartment-tombs that are for lease for a limited period, are exhumed. Scientific autopsy is conducted as part of the families’ search for truth and justice.
The remains are then cremated, put into urns and turned over to the families. Later, the remains are laid to a permanent and dignified resting place.

The six victims remembered and blessed last March 23 were Jaime Alcover, 25; Henerciso Amper,50; Erwin Garzon, 37; Florencio Tion, 60; Jampol Barros, 26; and Pablo Cabangon, 46.

Each of those urns contains stories of pain and anguish that Program Paghilum is helping the survivors in turning them into testaments of faith and courage.

Normie Alcober, sister of the victim, remembers the midnight of Oct. 05, 2017 when they were awakened by the loud banging on their door in their house in Tondo. When they opened the door, they were confronted by armed men who ordered her and her children out of the house. Inside the house were Jaime, who was still asleep, her father, her uncle and cousins.

After a few hours, the intruders brought out two dead bodies wrapped in blankets and dumped them in the compartment of a waiting vehicle. The two bodies were those of Jaime and her uncle. Her father was jailed and was not allowed to visit Jaime’s wake.

Henerciso Amper’s partner, Nancy Imbat, said that on July 23, 2018 he told her he was going to the market to buy food. He never came back.
Nancy learned that while Henerciso was buying food someone approached him and shot him to death. This happened in Camarin, Caloocan City.
On Sept. 14, 2016, two unidentified masked men barged into the home of Erwin Garzon in Bagong Silang, also in Caloocan City, and shot him on the head. He died instantly.

His death certificate states he died of pneumonia.

Marie Tion said that on the evening of July 29, 2018, she knew her husband Florencio was having a drink with his kumpare. After a while, a neighbor told her that Florencio was shot. She brought him to the hospital where he died 20 days later.

Medarda Barros said that on March 7, 2018, her son Jampol stepped out of their house in Camarin, Caloocan City. Then she heard shots. When she went out looking for her son, she saw him lying on the ground, face down, soaked in his own blood.

Witnesses said Jampol was just sitting when two men on a motorcycle came, shot him and sped away.

Pablo Cabangon from Bagong Silangan, Quezon City was killed on December 02, 2016 and is believed to be a victim of a deplorable police practice of palit-ulo ( head exchange).

Pablo’s daughter, Princess, said the police went to someone in their community who pleaded for his life and offered to lead them to another person, who turned out to be her father.

The police barged into their home and shot Pablo on the head. They also shot her brother who luckily managed to escape.

Dutch Ambassador Marielle Geraedts, who witnessed the turnover of the remains, said she was “in awe and perplexed by the massive disruption and impact the war on drugs has had on the lives of the families.”

At the same time, she said she saw hope and inspiration from the courage of the families of the victims: “Truly, the fight for accountability and justice may be a long one, but it is one that you have all chosen to take on.”

She then shared: “For the Netherlands, we do not only believe that human rights are the cornerstone of democracy and peace, but also that lasting peace must be based on justice. There can be no justice without accountability. We believe in the value of rule of law and accountability. There must be a focus on inclusive involvement and a voice for victims at all stages of the accountability process: documentation, evidence gathering, prosecution, sentencing and redress.”

She expressed admiration for the work Fr. Flavie was doing: “You have created a caring community that gives hope amidst uncertainty and fear. And for that, we thank you for your service and leadership.”

Speaking to an eight-year-old son of one of the victims who was hugging tightly the urn containing his father’s ashes, Fr. Flavie said: “Huwag ka nang umiyak. May paglalagyan na sa kanya. Wala na diyan si Tatay. Malaya na siya ngayon sa langit.” (Don’t cry. Your father is not there anymore. He is now in heaven where he is free.)

Marcos’ PH roadshow and the ICC probe

February 1, 2023February 1, 2023 Ellen

If you listen closely to Justice Secretary Jesus Crispin Remulla’s strident reaction to the decision of the International Criminal Court (ICC) to resume the investigation into the killings related to Duterte’s war on drugs, he didn’t completely rule out allowing the ICC to come into the country.

“Definitely I do not welcome this move of theirs and I will not welcome them in the Philippines unless they make it clear that they will respect us in this regard,” he said in a press conference.

He added: “I will not stand for any of these antics that will question our status as a sovereign country. We will not accept that.”

Remulla knows his international law. He knows that a state’s sovereignty – the supreme right of the state to command obedience within its territory – allows it to enter into treaties. We exercised our sovereign right when we signed the Rome Statute, which established the ICC, on Dec. 28, 2000 and ratified it by the Senate on Aug. 30, 2011. Our accession to the treaty took effect on Nov. 1, 2011.
We knew the provisions in the treaty.

The Philippines’ withdrawal from the ICC initiated by former president Rodrigo Duterte took effect on March 17, 2019.

We are sure Remulla is aware of Article 127, paragraph 2 of the Rome Statute which states that a country’s withdrawal “”shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

Last Jan. 26, ICC’s Pre-trial Chamber I (Court) granted Prosecutor Karim Ahmad Khan’s request to resume investigation in connection with the charge of crimes against humanity arising from the killings that happened during a specific period in Duterte’s war on drugs.

It is understandable that Remulla would be offended by the ICC’s decision and the reason that was given: it doesn’t believe the Philippine government is “undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle.”

It means that the ICC believes that the Philippine government is “unable or unwilling” to prosecute those responsible for the killings, the estimate of which varies from the government’s number of 6,000 to the human rights groups’ more than 20,000.

In their insistence that the country’s judicial system is functioning and ICC’s probe is unwelcome, Remulla’s DOJ as well as during the term of Menardo Guevarra (now solicitor general) points to convictions of policemen involved in the 2017 killings of teenagers Kian de los Santos, Carl Arnaiz and Reynaldo de Guzman.

The ICC, however, is not easily impressed by the “deliberate focus of proceedings on low-level or marginal perpetrators.” It wants to make sure that national investigations or prosecutions focused “on those most responsible for the most serious crimes committed.”

The DOJ never investigated Duterte and the chief implementor of his bloody war-on-drugs, now Sen. Ronald Dela Rosa.

It is noted that Remulla added a conditionality in his public statement on not welcoming the ICC investigators: “… unless they make it clear that they will respect us in this regard.”

There is no reason for Remulla to be worried about it. Since the ICC does not have its own police force, it relies on the cooperation of States and international organizations to arrest and surrender the persons they are investigating.

President Ferdinand Marcos Jr. has not said anything about the latest development from the ICC. During the election campaign, he said that he would only allow ICC probers to come in as tourists.

Many things have changed since then. He is now president, made possible by an alliance with Sarah Duterte, the former president’s daughter.

In the seven months of his presidency, he has been working hard in selling the country as a stable and dynamic investment area. He has impressed the international community as a leader far decent from his predecessor.

In his speech at the 77th United Nations General Assembly last year, he declared: “We need to reaffirm the wisdom of the founders of our United Nations. This means transcending our differences and committing to ending war, upholding justice, respecting human rights, and maintaining international peace and security.”

Surely, he won’t undo all those gains by not allowing the ICC to investigate what has been an extremely traumatic experience for tens and thousands of Filipinos.