DOJ probes Panama official in rape case

MANILA, Philippines - The Department of Justice (DOJ) will review the diplomatic immunity granted by the government to a Panamanian official accused of raping a 19-year-old Filipina, Secretary Leila de Lima said yesterday.

“We have to closely coordinate with Department of Foreign Affairs (DFA)... the matter of immunity, which we need to check or double check – whether he is protected or covered by diplomatic immunity,” she told reporters in an ambush interview.

“That (case) is something we are reviewing. I directed the NPS (National Prosecution Service) to review that,” she revealed.

De Lima said she also wanted to know whether diplomatic immunity is absolute and if it applies to heinous crimes and all ranks in the embassies and consular offices under international laws.

The DOJ chief believes there are possible options to indict in Philippine court Erick Bairnals Shcks, the 35-year-old technical officer of the Panama Maritime Authority who was arrested over a rape complaint last April 24 but was ordered released from police custody by a Makati court after the DFA granted him immunity.

“A waiver of immunity could be used. The state concerned can always consider waiver of immunity,” she said.

Should the Panamanian government waive immunity for Shcks, the man would have to face trial here. “The DFA can consider requesting, asking from the Panamanian government to waive immunity so he would be made fully answerable to the charge if and when he be proven guilty,” De Lima said.

“This is a criminal case and under the principle of territoriality, it’s committed here, and therefore it can be prosecuted here,” she added.

De Lima said the DFA still has the primary jurisdiction over the case, being the agency with the primary authority on certifying entitlements to immunity.

No comparison to Daniel Smith

De Lima said Shcks’ case cannot be compared to the 2005 rape case against Lance Corporal Daniel Smith, which involved Visiting Forces Agreement (VFA) with the United States.

“The case of Daniel Smith had something to do with a treaty, VFA with the US and the Philippines. It did not involve diplomatic immunity which covers diplomatic posts,” she said.

The case against Shcks stemmed from a complaint from a woman who alleged that Shcks invited her over to his place for dinner last April 23. She said she met him only a few days before the rape.

The woman told police that Shcks made her smoke marijuana, rendering her almost unconscious, then raped her.

The woman reported the crime to the Criminal Investigation and Detection Group in the morning of April 24, and CIDG police officers caught up with the Panamanian at a fastfood restaurant in Makati City. The Makati regional trial court ordered his release after the DFA submitted a certification covering him with diplomatic immunity.