Azcuna: Abuse in Duterte arrest may be raised in ICC

MANILA, Philippines — Retired Supreme Court Senior Associate Justice Adolfo Azcuna believes there were violations and a glaring abuse of process in the arrest of former President Rodrigo Duterte, saying the lapses may be raised in the International Criminal Court (ICC).

Speaking at the Senate panel on foreign relations’ third hearing on Duterte's arrest, Azcuna said the ICC's procedure calls for bringing a person to a Philippine court first before he or she is surrendered to the international tribunal.

With the absence of such during the March 11 surrender of Duterte to the ICC, Azcuna said it can be argued that there was a so-called “abuse of process.”

“An abuse of process can be raised in the ICC itself,” said Azcuna, adding that he believes that this is what will be considered in the September hearing scheduled by the ICC pre-trial chamber.

“Under the rules, objections to the legality or objections on the abuse of process may be raised and resolved by the pre-trial chamber probably at the September hearing,” he added.

In the same hearing, Sen. Imee Marcos, who was presiding over the probe as panel head chair, asked what were the possible violations.

Azcuna said the possible violation consists of surrender without passing to a local court or what he called “extrajudicial rendition.”



READ: Cabinet done with Sen. Marcos’ probe of Duterte arrest

“That issue will have to be resolved by the Supreme Court whether or not an extrajudicial rendition is valid in the Philippines in view of our Constitution,” he added.

He likewise pointed out that Section 17 of Republic Act No. 9851 has “parenthetical commas” enclosing the words “if any.”

“So it says that the Philippine authorities may surrender the suspect to the international tribunal, if any, or to another country pursuant to the applicable laws and treaties. So the commas really refer only to 'if any.' It’s not meant to separate the provision that requires a treaty to international court,” he said.

He also said that the violation is “not doing the rendition pursuant to the applicable treaty” that is the Rome Statute, which, according to him, was “brought back” by the country’s RA 9851.

Duterte was arrested on March 11 by the power of a warrant from the ICC, which charged him with crimes against humanity for the bloody drug war he orchestrated when he was still in power.

(2025/04/10-15:38)