Panayam kay DOJ Spokesperson ASec. Mico Clavano kaugnay ng pag-aresto kay dating Pangulong Duterte

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Transcript

00:00In the middle of a heated discussion about the arrest of former President Rodrigo Duterte,

00:05the government decided to follow the right process

00:08to give the former president a chance to face his cases in the International Criminal Court.

00:15We will talk about this with the spokesperson of the Department of Justice,

00:19Assistant Secretary Mico Clavano IV.

00:22Asek Mico, good afternoon to you.

00:26Good afternoon, Asek Weng.

00:28Good afternoon to you too, Asek Joey.

00:31Asek, first of all, what was the role of the DOJ

00:34in the arrest of former President Rodrigo Duterte

00:37and how was it ensured that this process was correct?

00:43Well, first of all, the role of the Department of Justice in this process

00:47is that we are the still being witness or attesting officer in the whole process.

00:54Because our basis is the Rome Statute,

00:59specifically the Article 59 of the Rome Statute

01:04where there is a so-called competent judicial authority

01:08where it is the one who will test

01:11if the whole process of the arrest is correct.

01:15I hold the rule, Article 59,

01:21that the person arrested should be brought to the competent judicial authority

01:26and the arrest should be determined in accordance with law.

01:30The person should be identified as the subject of the warrant of arrest.

01:37It should also be stated that the proper process was carried out

01:40and the subject's rights were respected.

01:44So that was the role.

01:46We are the still being competent judicial authority.

01:49And maybe, we are also the still being counsel or consultant here in the International Law.

01:58Although we know, Mr. Queng, that this happened in a very novel way

02:04and we have many different interpretations of these rules.

02:09So it's better if we talk about it in this forum.

02:14So, Mico, for our countrymen to understand,

02:17what is the correct process if the Interpol has a request for assistance,

02:22especially if the subject is a big personality?

02:27Well, we have a local framework, a local legal framework,

02:31and we also have an international legal framework.

02:34I already mentioned the international legal framework we used,

02:38the Rome Statute,

02:40and the Standard Operating Procedures for Arrest and Surrender of the Interpol.

02:46In the local legal framework, we used the Republic Act 9851

02:51or the International Humanitarian Law,

02:53where the states are allowed or encouraged to cooperate with international courts and international organizations.

03:05And here, we took the basis for the arrest and surrender of the former President Duterte.

03:13We saw yesterday that we did everything right

03:18and our police force also exercised maximum tolerance.

03:24And everyone jumped into the legal framework we used,

03:30but no one complained about the operation and maximum tolerance used by the police.

03:39Asek, what is the explanation for the saying that there is no longer a jurisdiction in the ICC

03:44because of the membership withdrawal of the Philippines in 2019?

03:47Actually, it has been said again and again that it happened in 2017.

03:51So, can you please explain once and for all?

03:55Yes, Ma'am Asek Nguyen.

03:57Actually, this jurisdiction is not even relevant

04:02because what happened here is that we are not under the jurisdiction of the ICC.

04:08What happened here is that the ICC endorsed the warrant of arrest for the Interpol.

04:14And this is where we came into contact with the Interpol.

04:18The Interpol, Asek Nguyen and Asek Joey,

04:21we also use this in our cases in the Philippines.

04:26That's why we got Alice Guo from Indonesia.

04:29That's why we detained former congressman Arnie Tevez and Pimar Leste

04:35because of our use here in the Interpol.

04:38That's why the government also obeys the Interpol

04:42if they want to arrest someone here in our country

04:46because this is very crucial in our fight against transnational and organized crime

04:52that we used to have a hard time with.

04:54But now, because we are cooperating with the Interpol

05:00by virtue of comity and international cooperation,

05:04we are also using their resources, their mechanisms

05:08to solve crimes.

05:11So, just to answer it once and for all,

05:13we do not, we are consistent.

05:15We have no connection with the ICC.

05:19And it's true that they don't have jurisdiction over us

05:23because we are no longer members.

05:25But when they initiated the warrant of arrest

05:28and they endorsed the Interpol,

05:29and the Interpol endorsed us,

05:31that's when we were able to move forward.

05:34Asek, there are those who say that if our justice system is good,

05:38why does the former President Duterte need to be replaced by the ICC?

05:45It's clear that we do have a working justice system

05:49and we are still consistent in that.

05:51The wheels of justice are spinning, so to speak.

05:55But I think this is really a matter of timing

05:59because now, we are collating all the evidence

06:04on the drug war of the former President Duterte

06:10and many witnesses are approaching us.

06:15However, the case that was brought to the International Criminal Court,

06:22the ICC, was first.

06:23That's why their warrant of arrest was first.

06:26So, we are not saying, and this should not be an admission,

06:30that we do not have a working justice system.

06:32In fact, we have strengthened our justice system

06:37because of the many reforms of the Department of Justice,

06:41of the DILG, under the administration of President Marcos.

06:48This is why many are saying,

06:52are we not giving up a part of our sovereignty?

06:55Are we not giving up our sovereignty?

06:59Our view on the government is that this is an act of sovereignty

07:04to cooperate with the international community.

07:06Asek, we have a question from the media,

07:09from Ivan Mayrina of DMA News.

07:11While the former President Duterte is in the ICC,

07:14how is the response of the police and their commanders

07:18who were involved in the so-called war on drugs?

07:21How will they respond?

07:22How many have been charged?

07:26Well, that's what we are saying,

07:28that we do have a working justice system

07:29and we are already investigating many cases

07:33regarding the supposed police abuses.

07:37And we will not stop there.

07:39We will not take a break because someone has already been arrested in the ICC.

07:45That is not true.

07:46We will continue to work,

07:47we will continue to gather and collate evidence

07:49and we will make sure that those who are charged with these crimes

07:54will be given their day in court, due process.

07:56And if ever there is evidence that our law enforcement has done something wrong,

08:03we will answer that.

08:06What is the reaction of the DOJ to the spread of social media posts

08:11that the lawyers and doctors did not allow Senator Bong Go

08:16to enter the holding area when the former President Duterte arrived

08:20in Naia from Hong Kong?

08:24Well, that is part of maximum tolerance.

08:27The law must be balanced in public order and safety.

08:34We saw that the former President was with his family,

08:38his wife and children.

08:41And the lawyers were with him,

08:45Attorney Medialdea and Attorney Delgra.

08:48We gave him access,

08:55or we gave the lawyers access to the former President.

09:01We also saw in the videos that there was a slight argument

09:10between law enforcement and the lawyers.

09:12And that is the purpose of that,

09:14to protect and give due process to the subject of the warrant of arrest.

09:20So he was not removed from his legal remedies.

09:25In fact, there was a petition for TRO and a petition for habeas corpus filed in the Supreme Court.

09:34So all of his legal strategies worked.

09:38I mean, he did what he wanted to do in terms of his legal strategy.

09:44But we need to balance it in public order and safety.

09:51In this situation, what assistance will the government give

09:55to former President Duterte in his face-off with the ICC in the Hague?

10:01Well, the DFA, if I'm not mistaken,

10:05our embassy there,

10:07gave a humane treatment to the former President.

10:13Considering that he is a bit advanced in age, 79,

10:17turning 80 years old,

10:19the former President Duterte is already a bit old.

10:24And to make sure that all legal processes are respected

10:28and all his rights are also respected.

10:31That is the only thing that the DFA, our embassy there,

10:37can do to ensure that all rights are respected.

10:41Sec, will the DOJ still have a role,

10:44maybe in coordination with the Philippine Embassy in the Netherlands,

10:48now that the former President is in the International Criminal Court?

10:54Actually, that is our role,

10:57to be a competent judicial authority

11:01to attest that all proper processes were done.

11:06As of right now, we no longer have a role in the ICC,

11:12but to guide our government and administration

11:18on what will be the next steps there.

11:21Although, these are all in a consultant basis

11:24because we no longer have a role in the hearings or trials there.

11:31So, we are now also mere spectators

11:35as to the procedure that will be undertaken in the Hague.

11:41Sec, how was the return of former Negros Oriental representative Arnulfo Tevez Jr.?

11:50How was that?

11:53Well, what happened there was a retrial, right?

11:57When they questioned the field of former Congressman Tevez,

12:03the process that they went through,

12:05they were given the Court of Appeals of Kimberleste,

12:08that's why there was a retrial.

12:10But we still won in the retrial.

12:13What we are waiting for is the resolution in the motion for reconsideration

12:17that was filed by former Congressman Tevez.

12:21So, we are at that waiting game.

12:23But again, just as we were prepared for the arrest of former President Duterte,

12:28we are also ready to receive former Congressman Tevez here in the Philippines.

12:34Okay.

12:35Sec, thank you very much for your time.

12:37Department of Justice Spokesperson, Assistant Secretary Nico Clavano IV.

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