Rise Up and National Union of Peoples' Lawyers hold presscon on International Criminal Court Prosecutor Fatou Bensouda's impending departure from office. NUPL Chair Neri Colmenares asks Bensouda to resolve preliminary examination of communications vs PH drug war.
Colmenares says Pres Duterte's statement saying he cannot release all drug files on the basis of national security should be enough reason for Bensouda to finish preliminary examination. In their latest filing, they say there's no genuine and effective national probe.
READ: In new filing this morning, NUPL and Rise Up submit supplemental pleading and reiterates plea to investigate crimes against humanity in PH and to arrest PH Pres Rodrigo Duterte.
NUPL and Rise Up say there is no genuine and effective national investigation or prosecution of crimes committed in PH war on drugs.
NUPL, Rise Up: The Justice Dept review, however, is neither comprehensive nor transparent, with results submitted to the chief implementors of the “war on drugs” policy: the Respondent President himself and the Philippine National Police. There is no public access to the report.
NUPL's Krissy Conti says they're optimistic that the incoming ICC Prosecutor Kareem Khan, given his background, has the capabality to handle these cases. Khan is an asst secgen of the UN investigating war crimes in Iraq and has litigated intl humanitarian and intl crim law cases
What's taking the ICC Prosecutor so long? Colmenares cites 2 factors: Duterte is still a sitting president and Duterte prohibited ICC Prosecutor's or her team's visit to PH.
Conti says DOJ and PNP never reached out to them regarding drug war review. She reveals Ombudsman has ordered, in 2 of 7 complaints, the filing of charges in court against police officers involved in drug war deaths.
Conti says they have submitted both official and reliable documents to the ICC Prosecutor. These include PH stats on drug war, statements of Pres Duterte and govt agencies, affidavits and evidence from victims, news reports, even UN documents and reports.
Responding to SOJ Guevarra's statement last night about drug war review, Conti points out the 52 cases from PNP and 107 from PDEA are just a "drop in the bucket" compared to more than 6,000 killed in police operations based on official records.
Conti also points out peculiarity in DOJ-led drug war review: it's the President and the PNP who will decide if cases will be filed and against whom. "We don’t think that’s the kind of investigation envisioned by the Rome Statute," she says.
Conti calls the DOJ drug war review "token investigation."
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So our desperation pays off. Amnesty International SecGen, former UN special rapporteur Agnes Callamard will be on ANC's Top Story in a few minutes to comment on ICC Prosecutor Fatou Bensouda's move to seek probe on PH drug war.
Dr. Agnes Callamard tells ANC Top Story Bensouda's move is an important step. Not worried that ICC won't be allowed to step inside PH saying ICC has enough experience in that regard. Warns international search warrant will be released against govt officials found responsible.
Callamard says evidence is strong enough to demonstrate crimes against humanity has been committed, that there is widespread, systematic attacks and it is State policy. Very difficult for ICC not to proceed with investigation.
Supreme Court orders Marcos associate Herminio Disini to pay the Republic of PH 1 billion pesos in temperate damages and 1 million pesos in exemplary damages over his role in the award of the US$2.2B Bataan Nuclear Power Plant to Westinghouse Electrical Corp.
Disini was held liable for exerting undue influence in the award of the Bataan Nuclear Power Plant, taking advantage of his close ties with former Pres Ferdinand Marcos. He was accused of receiving US$50M as commission.
SC discarded photocopy as proof of Disini’s supposed US$50M commission but considered totality of documentary and testimonial evidence to conclude he unjustly enriched himself because of the deal.
On #ANCRundown this morning, we talked to Atty Ruben Carranza, senior expert at the International Center for Transitional Justice in New York about ICC Prosecutor Fatou Bensouda’s move to seek judicial authorization to probe the bloody PH drug war.
Carranza says ICC has ‘sufficient’ basis for full probe into PH drug-war killings, citing Prosecutor Bensouda's 57-page request which he says was "detailed and heavily supported by facts.”
Carranza says Bensouda’s move is “extremely significant.” If request for probe granted, ICC investigation could lead to individuals being named by the ICC Prosecutor to be charged while the Pre-Trial Chamber could issue summons or even warrants of arrest.
BREAKING: ICC Prosecutor Fatou Bensouda concludes preliminary examination on situation in PH and requests for judicial authorization to proceed with an investigation.
Bensouda: Following thorough preliminary examination process, available information indicates that members of Philippine National Police, and others acting in concert with them, have unlawfully killed between several thousand and tens of thousands of civilians during that time.
Bensouda: My Office has also reviewed information related to allegations of torture and other inhumane acts, and related events as early as 1 November 2011, the beginning of the Court's jurisdiction in the Philippines, all of which we believe require investigation.
Ombudsman stands by prior order finding probable cause to file homicide charges vs 4 cops over the death of father and son Luis and Gabriel Bonifacio in Caloocan in September 2016.
Police claimed Luis Bonifacio and son Gabriel Lois resisted arrest.
But Luis’ wife said police barged into their house on Sept 15, 2016 at 12:30am, ordered her and 3 children out of the house, while Luis was on his knees with Gabriel begging the police not to hurt his father.
Not long after, the wife heard gunshots from inside their house — her husband and child killed by multiple gunshots, based on hospital records.
4 cops admitted shooting father and son, claiming self-defense. But Ombudsman said there was no prior unlawful attack.
JUST IN: Muntinlupa Judge Leizel Aquiatan inhibits from Sen. Leila de Lima’s drug case, upon De Lima’s motion.
Aquiatan junked 1 of de Lima’s drug cases while deciding to push thru with another.
De Lima had called Aquiatan’s ruling denying her demurrer to evidence and bail plea “clearly lopsided and logically challenged” in her motion for reconsideration.
Aquiatan said De Lima’s plea for inhibition is unfounded and her accusation that prosecution may be privy to judge’s habits “totally unfair” but decides to voluntarily desist from hearing the case as her “integrity and fairness might be seriously impugned.”