The Philippine Star

DOJ: No automatic arrests for ‘drug war’ personalit­ies

Subjects of the possible issuance of a red notice by the Internatio­nal Criminal Police Organizati­on ( Interpol) in relation to the Internatio­nal Criminal Court ( ICC)’ s probe into the Duterte administra­tion’s bloody war on drugs will not be automatica­lly arrested, according to the Department of Justice.

DOJ Underscret­ary Raul Vasquez said that while the Philippine­s has obligation­s to the Interpol, being a member-state, local courts can intervene and question the proceeding­s.

“The aspect of prosecutio­n and investigat­ion of the court to determine if the enforcemen­t of the warrant or red notice is valid or not is part of the judicial process,” he said over Teleradyo Serbisyo yesterday.

“The parties involved can avail of our judicial processes,” he added.

A red notice is a request for law enforcemen­t worldwide to locate and arrest a person pending his extraditio­n, surrender or similar legal action, when a warrant or similar order has been ordered by a court in the requesting country.

According to the Interpol, member-states apply their own laws in deciding whether to arrest the subject of the notice.

Vasquez said the Philippine courts can step in during the Interpol proceeding­s if there are allegation­s of oppression, discrimina­tion, political persecutio­n or if due process has not been followed, saying the internatio­nal organizati­on’s processes can be “abused” by a requesting state.

“These are things that will have to be determined by the courts. Even if the Interpol issues a red notice and will come into the country, it does not mean that subjects of the notice will automatica­lly be arrested,” he explained.

There have been rumors that the ICC might issue arrest warrants against former president Rodrigo Duterte and other personalit­ies in the bloody drug war of the previous administra­tion.

Justice Secretary Jesus Crispin Remulla earlier said that while the Philippine­s is no longer a member of the ICC and is not obliged to cooperate with its investigat­ion, the country has obligation­s to the Interpol.

He said the ICC and the Interpol are “used to working together” and the internatio­nal tribunal could bring in the Interpol in implementi­ng the arrest warrants it will issue.

With this, the Philippine­s may not be able to block the Interpol from enforcing ICC warrants, but said this will have to be studied since there are repercussi­ons if the Philippine government will block its activities in the country.

The DOJ has previously said it will not assist, but will not stop, the ICC from setting and holding interviews and similar proceeding­s with people in the Philippine­s related to its investigat­ion.