The Commission on Human Rights (CHR) notes the decision of the International Criminal Court (ICC) to move the case of the Philippines forward to preliminary investigation.
To recall, in 2020, the Office of the Prosecutor at the ICC, led by Fatou Bensouda, reported that there is ‘reasonable basis to believe’ that crimes against humanity—particularly murder, torture, and infliction of serious physical injury and mental harm as other inhumane acts—were committed in the Philippines linked to the government’s campaign against illegal drugs. This finding was a result of the preliminary examination of the ICC into the situation in the Philippines in 2018.
Despite the Philippines’ withdrawal from the Rome Statute effective 17 March 2019, the ICC retains jurisdiction over the Philippine territory during the period it was a State Party from 01 November 2011 up to 16 March 2019.
In this regard, CHR, as the country’s independent national human rights institution, continues to advise the present Philippine government to participate in this process of seeking truth and justice for the human rights violations committed in the country. There is a need for the present administration to demonstrate genuine openness, transparency, and cooperation in its engagement with human rights investigation and accountability mechanisms, including that of the UN system, in improving the human rights situation in the country.
The Commission continues to view the decision of the Philippine National Police to open the cases of killings allegedly linked to the government’s drug campaign for the Department of Justice’s investigation as a step towards the right direction.
At the same time, CHR remains to look forward to more meaningful engagements in demonstrating the rule of law in the country, including being able to have access to cases of said killings in the country for our own independent probe. ###
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Atty Jacqueline Ann de Guia
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