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ICC’s Bensouda: ICC probe on PH situation continues

Published by Ellen on March 20, 2019

“My office ‘s independent and impartial preliminary examination into the situation in the Philippines continues.”
That statement by International Criminal Court Prosecutor Fatou Bensouda issued Monday should put a stop to the misleading statements of Presidential Spokesperson Salvador Panelo about the ICC process.

Last Monday, Panelo said in his press briefing, “… ICC cannot proceed with any proceeding that it has started specifically because it said that they conducted a preliminary examination and not a preliminary investigation. And under the Rome Statute clearly says that any preliminary investigation or any proceeding relative there to it commenced prior to the withdrawal of state party, can’t continue and will continue. Therefore, if it does continue, it violates its own provision because there has been no preliminary investigation.”

Duterte barks at a drug lord far away

Published by Ellen on March 10, 2019

Pres. Duterte receives suspected drug lord Peter Lim in his homw in Davao City in July 2016.

Pres. Duterte was into his “I will kill you” element again during the PDP-Laban campaign rally at Negros Occidental last Friday. He was talking, as usual, about his campaign against illegal drugs.

He said every day, there’s news about shabu. “P***** i** talagang papatayin ko kayo because drugs will destroy my country. Nagkalat — hindi na halos ma-control eh. “

Apparently, he has not thought of assessing the efficacy of his “kill, kill” strategy as he himself admits the proliferation of illegal drugs remains unabated.

Duterte echoes Imee Marcos’ line

Published by Ellen on March 3, 2019

Pres. Duterte and senatorial candidate Imee Marcos. Malacañang photo by Toto Lozano.

In front of an impressionable audience, Pres. Duterte usually gets carried away with his story-telling and says things that are false and vulgar.

Spewing out false claims has become a standard practice for Duterte. I think it has come to a point when he believes his own lies.

That is dangerous because he is president and many of his statements are basis of government policies. The most glaring example is his figures on the number of drug addicts in the country, which is his justification for his brutal anti-drug war which has killed more than 27,000. At the start of his presidency, he said there are three million drug addicts in the country. Then it became four million. Yet, the Dangerous Drug Board reported in 2016 only 1.8 million drug addicts in the country.

SolGen actions giving ICC reason to exercise jurisdiction on PH EJKs

Published by Ellen on February 28, 2019

A scene after a police operation in one of the depressed areas in Metro Manila. VERA Files photo by Luis Liwanag.

One of the reasons that will make the International Criminal Court decide to exercise jurisdiction over alleged extra-judicial killings committed under the Duterte administration is when they see that the government is “unable or unwilling” to prosecute the crimes. It is called the principle of complementarity.

The communications filed at the ICC against Duterte and police officials alleged to be responsible for the over 5,000 killed during anti-drug operations is in the Examination stage. In her annual report last December, ICC Prosecutor Fatou Bensouda said her office has received a total of 52 communications related to extrajudicial killings in the Philippines since she started the preliminary examination on Feb. 8, 2018.

She said her office will “ continue to engage with a variety of reliable sources and relevant stakeholders on all matters relevant to the preliminary examination of the situation in the Philippines.”

Red-tagging a vicious form of fake news

Published by Ellen on February 24, 2019

When we talk of fake news and disinformation, we think of social media. That’s understandable because this is the era of Facebook, Twitter, You Tube, Instagram and other social media platforms.

But the list of alleged CPP-NPA members prepared by unidentified sources delivered during an event last Friday in Cagayan de Oro reminds us that the old form of disinformation is still being done and it’s viciousness has not diminished a bit.

There was a launching of Hustisya Northern Mindanao, a group made up of victims of martial law in Mindanao which began during the siege of Marawi City in on March 23, 2017 and has not been lifted up to now, at the Philtown Hotel in Cagayan de Oro city.

‘Pres’ Sara 2022 is Duterte’s insurance from ICC arrest when he is no longer president

Published by Ellen on February 23, 2019

Davao City Mayor Sara Duterte accompanied her father, Pres. Duterte, to the BoaO Forum in Hainan, China on April 201, 2018. Malacañang photo by Simeon Celi.

Early last week, fellow Malaya columnist JB Baylon posted this shout out in his Facebook wall:

After DU30, Sarah
Accept it.
Sorry na lang for those who sucked up hoping for an endorsement.
She’s the “term extension”

Last week also, as Davao City mayor Sara Duterte-Carpio went around campaigning for her 13-member Hugpong ng Pagbabago senatorial slate, there had been a lot of comments about her being a strong contender for the 2022 presidential election.

Why Duterte has to knock Estrada and Revilla out of Magic 12

Published by Ellen on February 21, 2019

Pres. Duterte is not lending his political clout to Jinggoy Estrada and Bong Revilla,both charged with plunder.

It’s not because he hates plunderers despite his public declaration of “I hate corruption.” That is as hollow as his “I hate drugs” mantra.

The reason he gave for not including the two in his chosen 11 was, they asked for his support “too late,” long after he had completed his list.

(By the way, his grandson, Rodrigo “Rigo” Duterte II – son of Paolo – posted an opposition poster on his Facebook wall showing the pictures of Estrada, Revilla and Juan Ponce Enrile with the hashtag “zerovoteplunderers.”)

The grandson of Pres. Duterte shared this post in his FB wall

SC ruling allows police to make editorial decision

Published by Ellen on February 19, 2019

Lawyer Romel R. Bagares, of Butuyan & Rayel Law Offices, representing more than 30 members of media and media groups, filed Feb. 8 a motion for reconsideration for the Supreme Court First Division to elevate to the En Banc the case against officials of the Arroyo government over the arrest of reporters that covered the protest staged by a group of military officers led by Sen. Antonio Trillanes IV and retired Brig. Gen. Danilo Lim, who is now Metro Manila Development Authority chairman, eleven years ago.

In a Facebook post, Bagares said the Oct. 1, 2018 decision of the G.R. 210088, “the SC, via (now retired) Justice Noel Tijam, basically gave a blank check for police to truss up journalists and haul them away from a developing news event, on the pretext that they are doing it for their own good.”

DZMM’s Noel Alamar (in white) and Tribune’s Herman Tiu Laurel raise their handcuffed wrists in protest while they were being hauled to Camp Bagong Diwa for covering the Manila Pen siege Nov 28, 2017.

Disclosure: I am one of the petitioners together with Charmaine Deogracias, Ashzel Hachero, James Konstantin Galvez, Melinda Quintos de Jesus, Vergel o. Santos, Yvonne Tan Chua, Booma B. Cruz,Ed Lingao, Roby Alampay, Jessica Soho, Maria Judea Pulido, Michael Fajatin;

Media and academe group: Fight back, defend democracy

Published by Ellen on February 15, 2019

Monitoring the arrest of Rappler’s chief executive officer Maria Ressa by agents of the National Bureau of Investigation Wednesday late afternoon, I was struck by the crudeness of the operation (serving the warrant of arrest past the court’s office hours).

With all the media attention the arrest was generating, both national and international, I waited for a statement from President Duterte. There was none.

I had several questions: Does the President know what was happening? Is he on top of the operation? Where is he?
What came to mind was August 21, 1983. Former Sen. Benigno Aquino Jr. was shot upon arrival at the Manila International Airport by Rolando Galman, who was also killed.

The public later learned that then President Ferdinand Marcos was very ill and could not have been in a position to order the assassination of Aquino. Who then gave the order to kill Aquino? Thirty five years after, the Filipino people still do not know despite the fact that his widow and son were elected president and could have probed into the murder that drastically changed the country’s political course.

But that was not the situation last Monday. Although he was reported to be “not feeling well”two weeks ago, Duterte was reported to be in Laur, Nueva Ecija inaugurating a drug rehabilitation facility.

US Congress finds ‘unacceptable’ human rights developments in PH

Published by Ellen on February 14, 2019

US Pres. Donald Trump and Philippine Pres. Rodrigo Duterte meet in Manila during the 2017 Asean Summit. Malacañang file photo.

Next month, March 17, the withdrawal of the Philippines from the Rome Statute, the founding treaty for the International Criminal Court, will take effect- one year after the Duterte government deposited its official notification with the United Nations Secretary-General in New York.

The ICC, in its statement, said last year that while they regret the Philippine government’s withdrawal from the Rome Statute, “A withdrawal has no impact on on-going proceedings or any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective; nor on the status of any judge already serving at the Court.”

At least three separate communications have been filed with the ICC accusing President Duterte and officials of his government of committing crimes against humanity citing extra judicial killings in the war against drugs as well as killings by the so-called Davao Death Squad when Duterte was Davao City mayor.

Those who filed the cases against Duterte in the ICC that include Sen. Antonio Trillanes IV, Repair Alejano, lawyer Jude Sabio and relatives of the victims of the drug war, hope that the case will move up to the investigation stage before March 17. Right now, ICC Prosecutor Fatou Bensouda is in the preliminary examination stage, monitoring developments in the country.

Speaking of reports, the Asia Reassurance Initiative Act (ARIA) that U.S. President Donald Trump signed last Dec. 31 contained several observations damning to the Philippines in the area of human rights.

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