Trillanes, Alejano urge ICC to look into allegations vs Duterte

MANILA, Philippines (Updated 6:30 p.m.) — Sen. Antonio Trillanes IV and Magdalo party-list Rep. Gary Alejano on Tuesday filed a supplemental communication against President Rodrigo Duterte and other officials before the International Criminal Court.

The two opposition politicians personally filed the 45-page communication, titled “DIGONG, THE GRAVE DIGGER: A look into the Philippine President's War on Drugs” at the ICC in The Hague, Netherlands. It is addressed to ICC Prosecutor Fatou Bensouda.

It is a supplement to the communication filed by lawyer Jude Josue Sabio last April 24, titled "The Situation of Mass Murder in the Philippines, Rodrigo Duterte: Mass Murderer.”

In the communication, Trillanes and Alejano urged the international tribunal to conduct a preliminary examination on their allegations against Duterte.

“We are hereby submitting to you the attached supplemental communication to the aforementioned Communication, for the purpose of affirming the veracity of the information contained therein and to provide additional information to prove the widespread and systematic extrajudicial killings in our beloved country,” the petitioners said.

“We further stress the urgent need to conduct a preliminary examination on the allegations contained herein to provide a glimmer of hope for the thousands of victims that Duterte’s impunity would soon end,” they added.

Trillanes and Alejano said crimes against humanity fall within the jurisdiction of the ICC and warrants immediate investigation by the prosecutor.

READ: FULL TEXT: Supplemental 'communication' filed vs Duterte in int'l court

12 other police officials should be held liable

Last April 24, Sabio accused Duterte of committing crimes against humanity.

He also accused the following senior government officials of violating different provisions of the Rome Statute:

• Justice Secretary Vitaliano Aguirre

• Philippine National Police Director General Ronald “Bato” dela Rosa

• House Speaker Pantaleon Alvarez

• Former Interior and Local Government Secretary Ismael Sueno

• Superintendent Edilberto Leonardo

• SPO4 Sanson “Sonny” Buenaventura

• Superintendent Royina Garma

• National Bureau of Investigation Director Dante Gierran

• Solicitor General Jose Calida

• Senator Richard Gordon

• Senator Alan Peter Cayetano.

In their new petition, however, Trillanes and Alejano added 12 other police officials who should be held liable for the alleged violation of Article 25 or Individual criminal responsibility sections  3 (b), (c), and (d) of the Rome Statute for their implementation of “Oplan Tokhang”, as part of the administration’s war on drugs.

Named in the supplemental communication are:

• Police Chief Superintendent Joel Coronel;

• Police Chief Superintendent Jesus Martirez;

• Police Chief inspector Rexson Layug;

• Police Senior Inspector Nathaniel Jacob

• Police Senior Inspector Magdalino G. Pimentel, Jr.;

• Police Inspector Markson S. Almeranez;

• SPO3 Jonathan Bautista;

• PO3 Ronald Buad Alvarez;

• PO1 Sherwin Mipa;

• Police Officer Edmar Latagan

• Police Officer Marcelino Pedrozo III

• Anonymous police officers mentioned in Amnesty International and Human Rights Watch reports on war on drugs.

Killings, endorsement continued

The petitioners furthered that the killings continued even after the communication was filed by Sabio last April. They added that the government issued its own statistics that, in effect, admitted the existence of killings.

The government has denied that extrajudicial killings are a state policy and has said the number of drug-related deaths —  estimates by human rights groups and government critics range from 7,000 to 9,000 —  are "alternative facts." It has said that the supposed extrajudicial killings are regular homicides.

The government has also said that it is investigating these homicides. 

"The continuing veil of impunity especially Duterte's impunity from suit which enables the carrying out of the state-tolerated sponsored killings,” the petitioners said.

Trillanes and Alejano cited Duterte’s Aug. 5, 2016 speech ordering killings of illegal drug users. “ My order is shoot to kill you, I dont care about human rights, you better believe me,” the president was quoted in a press conference.

The president's spokespersons and subordinates have said that Duterte sometimes speaks in hyperbole either out of frustration or to stress a point.

The politicians said international rights group Human Rights Watch has said Duterte’s statements implicitly and explicitly instigate killings in violations of the rule of law.

Trillanes and Alejano also questioned the legitimacy of the “shoot to kill” and “shoot on sight” order of President Duterte, saying the current legal framework does not allow that.

They said the only two justifying circumstances to shoot or kill a suspect  is in defense of a person’s rights or in defense of a stranger or another person, a point that Duterte has also been making in his speeches. 

 “If none of the circumstances are present when the killing was done, it is considered as murder and is a clear violation of the law,” the communication read.

The communication also cited the testimonies of self-confessed hitman Arthur Lascañas, witness testimonies, police records and statements of relatives of slain drug suspects, among others.

Last May 15, Alejano said his camp was considering filing a case against him before the ICC after his impeachment complaint against Duterte was junked in the House of Representatives.

He said he wanted to elevate the case to seek justice for the Filipino people.

Panelo: Recent filing shows first communication flawed 

Chief Presidential Legal Counsel Salvador Panelo said the filing of a supplemental complaint was an indication that the initial complaint was flawed.

“Their (Trillanes and Alejano) initial complaint was based merely on hearsay and unsubstantiated allegations. Unfortunately for the misguided lawmakers, they cannot hope to cure a complaint which is intrinsically flawed,” Panelo said in a statement.

Panelo maintained that the International Criminal Court has no jurisdiction over the complaint because not all legal remedies have been exhausted.

“It should be remembered that the ICC is a court of last resort and filing a case before it can only be resorted to after all domestic remedies are fully exhausted,” he said. — with a report by Alexis Romero