MANILA, Philippines — The relatives of those killed in the government’s bloody anti-drug campaign filed another supplemental pleading to boost their complaint against President Rodrigo Duterte before the International Criminal Court for alleged crimes against humanity.
The families who convened under the Rise Up for Life and for Rights submitted a second supplemental pleading to ICC Prosecutor Fatou Bensouda on Thursday. They were assisted by the National Union of People’s Lawyers.
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The relatives of the 'drug war' victims named in the communication are Irma Locasia, Dennise David, Marla Lozano, Mariel Sabangan, Normita Lopez, Purisima Dacumos and Christine Pascual.
“Complainants submit that the information herein on the killings in the Philippines, alongside any future information from the UNHCHR probe, form part of evidence in this preliminary examination. Take together with previous submissions, these are sufficient to prove that responded Duterte is guilty of crimes against humanity,” they said.
They added: “We urge the speedy disposition of our case in the hope that said decision may stern the rising number of deaths.”
The Philippines has withdrawn its ratification of the Rome Statute, the treaty that created the ICC, and has said the court has no jurisdiction over Philippine officials and has never had it because it had never been published in newspapers. The publication requirement applies to laws and to issuances of government offices.
Supplemental pleading
In the 16-page document, the complainants accused the Philippine National Police of manipulating the number of deaths in drug-related police operations “in their attempt to shield the perpetrators and cover up the actual number of deaths.”
They were referring to the 'drug war' death toll released by PNP in June that at least 6,000 individuals were slain in anti-narcotics operations. But according to the data from the Real Numbers PH, a government information campaign, released in July, the number of suspected drug personalities killed in anti-narcotics operations stood at 5,526 as of June 30.
Both figures are significantly lower than the estimates by human rights watchdogs of as many as 27,000 killed.
The complainants also reported in the supplemental pleading that there were at least 74 minors caught in the crossfire of either police operations or in vigilante-style killings between July 2016 and December 2017.
“Children are not simply ‘collateral damage,’ whose loss of innocence and lives can be discounted in order to win the ‘war on drug,’” they said.
Last July, Sen. Ronald Dela Rosa, a former chief of the PNP, said of the death of a three-year-old in a drug bust in Rizal that “shit happens.”
He apologized for the remark, adding that his comment should have only been for the police community and not the general public
‘UN rights office, ICC should cooperate’
The complainants also said the ICC and the Office of the United Nations High Commissioner for Human Rights may cooperate in their respective investigations into the matter.
In February 2018, the ICC began conducting its preliminary examination into the anti-drug crackdown. The initial inquiry of the international tribunal continues despite the country’s withdrawal of its ratification of the Rome Statute—the treaty that established the ICC.
In July, the UN Human Rights Council adopted a resolution during its 41st session requiring UN human rights chief Michelle Bachelet to prepare a “comprehensive” report on the human rights situation in the Philippines.
“Such investigation can run parallel to and share the same information with the ICC preliminary examination,” the complainants said.
Relatives of the drug war victims, also assisted by NUPL, filed a 50-age communication before the ICC in August of last year. They filed a first supplemental pleading on October 2018.
In a letter dated April 4, ICC told NUPL it has received the communication and will analyze the information.