Sen. Marcos finds fault in Duterte arrest

Metro Manila, Philippines - After a hearing on the arrest of former President Rodrigo Duterte, Senator Imee Marcos identified multiple violations committed under the administration of her brother, President Ferdinand Marcos Jr.

In a seven-page preliminary report released at a press conference on Thursday, March 27, Marcos outlined three key findings:

+ the country had no legal obligation to arrest and surrender Duterte to the International Criminal Court (ICC);

+ the government assisted the ICC; and

+ Duterte’s rights were blatantly violated.

Marcos argued that the arrest, based solely on an ICC warrant, violated the constitutional provision ensuring that no person is deprived of liberty without due process.

“No warrant was issued by a Philippine court… No court order was issued mandating that FPRRD be taken out of the Philippines against his will,” she wrote.

The senator said Duterte was deprived of his legal right to be visited by immediate family members. She cited the incident on March 11, when Philippine National Police-Criminal Investigation and Detection Group chief Nicolas Torre barred Vice President Sara Duterte from seeing her father at Villamor Airbase, where he was held for hours before being flown to the Netherlands to be detained at the ICC Detention Center.

Marcos further alleged that even some provisions of the Rome Statute - the treaty that established the ICC - were violated, including Duterte’s right to be brought before judicial authorities and his right to apply for interim release.

The presidential sister is open about her support of and friendship with Vice President Sara Duterte.

Palace: We only followed laws

When asked about the supposed violations to the Rome Statute during a Palace briefing, Communications Office Undersecretary Claire Castro responded with another question.

“With that, does it mean that we have to recognize that ICC has jurisdiction over the Philippines? Basta po sa atin po noong ginawa po ito ng pamahalaan, ng administrasyon, wala pong ibang sinunod kung hindi kung ano iyong nasa batas at kung ano po iyong obligasyon natin sa Interpol. Kung mayroon po siyang ibang pananaw, siguro personal niya pong pananaw iyan,” Castro said.

[Translation: Insofar as we are concerned, when the government, the administration, carried this out, we followed nothing but what is stated in the law and our obligations to Interpol. If she has a different perspective, that is probably her personal opinion.]

But Marcos argued that there were no indications that the ICC had requested extradition, which she said is a prerequisite mentioned in the International Criminal Police Organization (Interpol) red diffusion notice.

She claimed that, unlike a red notice, a red diffusion is not vetted by the Interpol secretariat to ensure it is free from political motivations.

Marcos-Duterte rift

Without directly stating that the administration’s stance on non-cooperation with the ICC shifted as tensions between the Marcos and Duterte families escalated, Marcos included these political events in the timeline she presented on Duterte’s arrest.

“Sa palagay ko maliwanag na may konteksto na talagang sumasabay sa alitan at pagwawalang tiwala nung dalawang panig itong mga pagbabago sa legal processes and our international stand nagbago rin talaga,” the senator said.

[Translation: I think it is clear that these changes in legal processes and our international stance have coincided with the conflict and loss of trust between the two sides.]

She said her hearing was not intended to be “anti-administration.” However, sensing that her brother was infuriated by it, she chose to withdraw from the administration’s senatorial slate.

The senator said she has yet to decide on holding a second hearing but stressed the urgency of the matter, given the possible arrest of former police officials linked to the bloody drug war, including Senator Ronald “Bato” dela Rosa, who was the national police chief and implementer of the anti-drug campaign.

She said she also hopes the probe will eventually lead to Duterte’s return, though she acknowledged that, for now, the Senate’s role is limited to investigating the government’s actions, identifying those accountable, and proposing or amending laws.