Garma, ex-cop who linked Duterte to EJKs, meets ICC officials in Malaysia

MANILA, Philippines (Updated September 8, 4:45 p.m.) — Former police colonel Royina Garma, who testified before Congress last year about former President Rodrigo Duterte's alleged reward system in his war on drugs, is now meeting with International Criminal Court (ICC) officials in Malaysia to potentially become a witness in the case against Duterte.

This is according to Justice Secretary Crispin Remulla, who confirmed Monday, September 8, that Garma is poised to testify before the ICC after being deported from the United States following a denied asylum application.

"I think she has agreed to be a witness, according to Sen. Trillanes," Remulla told reporters in an interview. "I’ve been working with Trillanes because we have no real official relationship with the ICC, except for that fact that we protect the witnesses who are here who may be the subject of an ICC request."

"As we speak, she's with them right now, with the ICC people in Malaysia," the DOJ chief added.

Garma's potential testimony carries significant weight as "the highest ranking police officer that can be asked to give a narrative about the drug war" and its "reward system," the DOJ chief said.

Key witness for prosecution

Garma was deported to the Philippines from the United States on Saturday after immigration officials denied her asylum application.

"A few days ago, we got word that she was on the way home, and we waited for her arrival," Remulla said. "Once your asylum is denied and you have a cancelled visa, then you have no more reason to stay in the country."

Upon arrival in the Philippines, Garma was not arrested, Remulla said, because she only had an immigration lookout order, and not an arrest warrant. 

An immigration lookout bulletin order (ILBO) is a directive that instructs immigration officials to closely monitor the travel of specific individuals who are implicated in investigations to prevent them from leaving the country without authorization. This, however, is not a warrant of arrest. 

Because Garma was not facing arrest, Remulla said the justice department was then allowed to facilitate Garma's travel to Malaysia, which he says falls under the department's witness protection for those testifying at the ICC.

"Given [the lack of an arrest warrant] and the fact that she's going to Malaysia to meet with the ICC, it gave us reason to say 'okay,' because if she's going to be a witness to the ICC, we have said that our working relationship with the ICC involves witness protection," Remulla said.

"The best way to protect her is for the ICC to meet her abroad because her life can be in danger in our country. Let's face it, uniformed personnel ang kalaban (are the threats)," he said.

Outgoing National Bureau of Investigation director Jimmy Santiago handled Garma's case to ensure "she was doing the right thing" and would testify as promised, according to Remulla.

Trillanes as intermediary

The ICC had been pursuing Garma's testimony for months through former senator Antonio Trillanes IV, who Remulla says is coordinating between the court and potential witnesses from the Philippines. 

Talks between Garma, Trillanes and the ICC occurred while she was in the US. "We were not part of that negotiation, but we were made aware of that," Remulla said.

Garma will likely testify during the confirmation of charges hearing against Duterte, a crucial pre-trial phase that determines whether the ICC has sufficient evidence to proceed with a full trial.  

"That's what I think... That's why the ICC is running after her for the confirmation of charges, that she might be among the list of witnesses presented, and they're prepping her for that already," Remulla said. 

In her testimony before the House QuadComm last year, Garma bared how police officers received payments for killing drug suspects under a system she said Duterte created. 

Garma's account is the first by a former police chief to directly link Duterte to a reward system for arbitrary killings during his violent anti-illegal drug campaign. 

Duterte had "called upon" her to "replicate the Davao Model" for his war on drugs campaign, Garma said last year.

Whistleblower protection, pending cases

Under the Whistleblower Act, Garma is now "technically" under the protection of the DOJ, according to its chief.

"Technically, if you look at the Whistleblower Act, she's under our protection na eh," Remulla said.

However, she still faces potential charges in the Philippines, including over the 2020 killing of lottery official Wesley Barayuga.

"We will not let the Barayuga case go undone, we will still run after it and we will see how this will play out," Remulla said. "She will be testifying here also. She has a commitment to testify."

Congressional evidence remains insufficient for prosecution, Remulla said. "What was turned over to us by Congress cannot stand in court, we cannot allow ourselves to file a case which will not merit a cursory look even by the judiciary," he said.

'Not even arms-length' ICC cooperation

The Philippines withdrew from the ICC in 2019 but maintains limited cooperation solely on witness protection, Remulla said.

"We have not signified our intention to rejoin the ICC, and we just have a working relationship, not even just an arms-length, but a cautious working relationship," Remulla said.

Currently, Trillanes serves as an informal intermediary between the DOJ and the ICC.

"Trillanes is a go-between the DOJ and the ICC," Remulla said. "I tip my hat off to him. He's a very persistent person." 

Remulla said so far, the DOJ has in its protection four potential ICC witnesses. 

About 300 Filipinos have applied to testify before the international court about Duterte's drug war.