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.”
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news.abs-cbn.com/spotlight/06/1…
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.
Carranza says PH drug war’s deaths is most he has seen so far in ICC probes. Largest was about 5,000 killed in Central African Republic. In PH drug war, tens of thousands, which he says shows crimes against humanity. Bensouda had to show attacks vs civilians were systematic.
Why the need to go back to Davao Death Squads? Carranza says pattern in Davao is alleged to be carried over in nationwide war on drugs. Adds some of those involved in Davao killings also the same in PH drug war. Testimonies of Matobato, Lascanas likely significant.
Carranza points out Bensouda had indicated in the request that she has taken steps to protect witnesses and preserve evidence. Says this is significant not only to prove allegations but also in case proceedings drag on.
Carranza says Bensouda rejected PH police "nanlaban" narrative in 2 ways:
-She factually demolished the narrative (Carranza thinks she has more evidence than she disclosed)
-Says nanlaban argument should be raised as a defense in trials
-She factually demolished the narrative (Carranza thinks she has more evidence than she disclosed)
-Says nanlaban argument should be raised as a defense in trials
Bensouda found ties between "vigilante" killings with unidentified perpetrators to authorities. Carranza says this is impt because it's hard to establish link between direct perpetrators and indirect perpetrators. Govt/police officials could be charged as indirect perpetrators.
Carranza says Duterte's statements inciting killings (even during his time as Davao mayor) will implicate him as indirect perpetrator. They will serve as indication that he is aware of the killings, and that as President with power to stop them, decided to have them continue.
Carranza points out Bensouda chose the PH situation to proceed to next stage taking into account capacity of new Prosecutor Karim Khan to understand context of PH situation and take over. Says Khan has been to PH and aware of PH situation, so there will be continuity.
Carranza says Bensouda took note of steps taken by DOJ to reinvestigate cases and none of them have proceeded to any outcome. Says Pre-Trial Chamber will be aware that PH has not carried out genuine and substantial investigations in the killings; admissibility not an issue.
What can PH rights advocates do while waiting? Carranza says exhaust domestic remedies like PH law vs crimes against humanity; reparations law could be extended beyond martial law.
"Filipinos should not be dependent on a court situated outside the country for justice to happen."
"Filipinos should not be dependent on a court situated outside the country for justice to happen."
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