An International Criminal Court-accredited private lawyer refuted claims that former President Rodrigo Duterte’s arrest was “warrantless.”
“Mayroon po ng warrant of arrest and it was issued by an international court na naging miyembro tayo,” lawyer Joel Butuyan said during a Palace briefing on Friday.
(There was an arrest warrant issued by an international court of which we were once a member.)
“Hindi po totoong warrantless arrest ito, dahil talagang mayroong warrant covering the arrest of the former President,” he emphasized.
(This was not a warrantless arrest because a valid warrant was issued.)
According to Butuyan, the government had two legal bases for executing the ICC’s arrest warrant: Republic Act No. 9851 and Article 59 of the Rome Statute.
He cited the ICC’s 2015 decision in the case of Dominic Ongwen, stating that an arresting country must only comply with Article 59, which includes verifying the accused’s identity and ensuring their rights are upheld.
“Anong nangyari sa pag-aresto kay former President Duterte? Binasahan siya ng Miranda rights niya. So, that’s pursuant to our domestic law on arrest and then mayroon siyang abogado doon, hindi lang isa, dalawa,” he said.
(In Duterte’s case, he was read his Miranda rights, complying with domestic law. He also had legal representation—not just one lawyer, but two.)
During a Senate hearing on Thursday, Vice President Sara Duterte claimed her father was “illegally” arrested and brought to The Hague, Netherlands. She alleged the arrest was politically motivated and that the Marcos administration was using the ICC to weaken the opposition.
However, Butuyan argued that Duterte received special treatment compared to ordinary suspects.
“Kung ikukumpara natin iyong pag-serve ng warrant of arrest kay former President Duterte sa pag-serve ng warrant of arrest sa ordinary suspect or criminal sa Pilipinas, eh sobrang nakakalamang si former President Duterte,” Butuyan said.
(If we compare how the arrest warrant was served on former President Duterte versus an ordinary suspect or criminal in the Philippines, he was given far more privileges.)
“In fact, ang daming privileges that were extended to him over and beyond what is required by law. So, sa substance po, walang na-violate and valid iyong implementation ng warrant of arrest,” he added.
(In fact, he was granted privileges beyond what the law requires. So, in substance, there was no violation, and the implementation of the arrest warrant was valid.)
Duterte was arrested by Philippine authorities on March 11 upon his return from Hong Kong, based on the ICC warrant. He was then flown to The Hague via a chartered plane to face the court.
Government records show at least 6,200 suspects were killed in police operations under Duterte’s war on drugs, though human rights groups estimate the actual death toll to be between 12,000 and 30,000. — DVM, GMA Integrated News
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