MANILA, Philippines — International Criminal Court Prosecutor Karim Khan said his office will ask the Philippine government to provide “substantiating information” on proceedings it cited when it sought deferral of the investigation into alleged crimes against humanity in the country over the “war on drugs.”
This was after Khan said, in a document dated November 18, they will temporarily suspend its investigation into the Philippines as it “assesses the scope and effect” of the government’s request for deferral.
Related Stories
In his latest statement, Khan said that the State seeking deferral of the probe must “promptly” provide information on investigations it cited to support their request.
He explained that the Philippines must provide information that is “of tangible evidence, of probative value and a sufficient degree of specificity, demonstrating that concrete and progressive investigative steps that have been or are currently being undertaken to ascertain the responsibility of persons for alleged conduct falling within the scope of the authorized ICC investigation.”
“Accordingly, and pursuant to rule 53 of the ICC Rules of Procedure and Evidence, the Prosecutor will in the coming days request the Philippines to provide substantiating information regarding the investigations and proceedings referenced in its Deferral Request,” Khan added.
The Philippines, in its letter to the ICC signed by Ambassador to the Netherlands Eduardo Malaya, said that the government is thoroughly investigating all reported deaths during anti-narcotics operations in the country.
He also cited the latest review of the Department of Justice (DOJ), including the release of an information matrix on 52 cases where administrative liability was found on the part of law enforcement.
But the Free Legal Assistance Group, a group of lawyers assisting kin of “drug war” victims, has written to the ICC to point out that the 52 cases also consist of a small fraction of the tens of thousands alleged deaths under the Duterte government’s anti-narcotics campaign.
The 52 cases reviewed by the DOJ did not also cover killings in Davao between Nov. 1, 2011 and June 30, 2016, which the ICC said it will look into.
The matrix released by the justice department also showed that most cops involved in the operations that resulted in deaths were only slapped with suspension — an “inconsequential penalty” that the DOJ did not even comment on, FLAG stressed.
READ: DOJ review finds lapses in 'drug war' ops commonly punished with suspension
Analysis to continue
Khan also said that while his office has temporarily suspended the investigation into matters cited by the Philippines in its deferral request, it will continue its analysis on information it already has it in hand.
He added that they will also look into any new information they may receive from third parties, and will actively assess the need for applications to conduct for the preservation of evidence.
He also explained that the pause in the investigation is in compliance with his office’s “obligations under the Statute and practice in similar situation.”
Khan also said that they will pay particular attention to the security and wellbeing of victims and witnesses during this time.