Imee seeks ban on transfer of Pinoys to foreign jurisdiction sans local warrant
In the explanatory note of Senate Bill No. 557, also known as the President Rodrigo R. Duterte Act, Marcos called the arrest and turn over of the former president to the International Criminal Court 'abuses by the authorities' which may also happen to others.
'What took place on that fateful day was an extraordinary rendition—the transfer without due process of a detainee to the custody of a foreign jurisdiction,' Marcos said.
'Thus, it is necessary to make it exceedingly clear—if it is not yet clear already—that arresting an individual for the purpose of turning him or her over to a foreign jurisdiction without an order and a warrant of arrest issued by a Philippine court is against the Constitution and punishable under the law,' she added.
The prohibited acts under the proposed bill include the transferring or causing the transfer of any person found within the territory of the Philippines to an international court, tribunal, organization, or State whose jurisdiction or authority to investigate, prosecute, detain, imprison, or execute such person is not expressly and unequivocally recognized by the Philippines through a treaty or international agreement from which the Philippines has not withdrawn at the time of such transfer; or without the written and voluntary consent of the person transferred or an order issued by a competent Philippine court allowing such transfer.
The bill also seeks to ban the arresting or detaining or causing the arrest or detention of any person in the Philippines for the purpose of transferring him or her to any international court, tribunal, organization, or State without an arrest warrant issued by a competent Philippine court.
Investigating, arresting, detaining, or prosecuting any local on behalf of, in favor of, or upon the orders of any international court or the like; or without a permit issued by the Department of Justice (DOJ) and the Department of the Interior and Local Government (DILG) will also be prohibited.
The proposed measure also provides that all transactions in all property and interests in property of any person who is formally charged in the proper Philippine court with any of the offenses penalized under the Act are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in, if such property and interests in property are in the country or are within the possession or control of a Filipino citizen or resident, unless the court determines specific circumstances.
It will also allow any person to file an ex parte petition in the proper Philippine court to deny the issuance of or cancel any visa of an alien, if there is substantial evidence that such alien visited or will visit the country to conduct any investigation, inquiry, arrest, detention, or transfer persons on behalf of any foreign court or State whose jurisdiction is not recognized by the Philippines through a treaty.
As a recourse, the bill will also grant all persons who have been subjected to extraordinary rendition, whether prior to or after the enactment of the Act, shall be entitled to the appropriate remedies in the Philippine court.
'The Department of Foreign Affairs shall exhaust every diplomatic channel to ensure that Filipino citizens who are victims of extraordinary rendition will be repatriated to the Philippines as soon as possible and that judgments of the Philippine court will be given effect,' the measure read.
Duterte was arrested in the Philippines by local authorities on March 11, based on a warrant of arrest issued by the ICC.
He is currently detained in the Scheveningen Prison in The Hague for charges of crimes against humanity for the extrajudicial killings during the drug war. —AOL, GMA Integrated News
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