Panelo: NY Times editorial ‘reckless’ | ABS-CBN

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Panelo: NY Times editorial ‘reckless’

Panelo: NY Times editorial ‘reckless’

Dharel Placido,

ABS-CBN News

 | 

Updated May 25, 2017 06:54 PM PHT

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MANILA – President Rodrigo Duterte's chief legal defender on Wednesday slammed an editorial of the New York Times, branding it "irresponsible" for calling for the tough-talking leader's condemnation as he faces a complaint before the International Criminal Court.

For Chief Presidential Legal Counsel Salvador Panelo, the New York Times piece published on April 25 was "reckless, irresponsible, and baseless.”

“The New York Times says this man must be stopped, referring to President Duterte, in reference to alleged extrajudicial killings in the Philippines. The New York Times editorial must be stopped from its reckless, irresponsible and baseless editorial on President Duterte,” Panelo told reporters in Malacanang.

In its April 25 editorial piece titled “Let the world condemn Duterte” the influential American newspaper described the Filipino leader as “a man who must be stopped.”

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It further said the ICC should “promptly open a preliminary investigation into the killings” linked to the government’s drug war.

Jude Sabio, lawyer of self-confessed Davao Death Squad (DDS) hitman Edgar Matobato, earlier filed a complaint against Duterte and 11 government and police officials for allegedly committing crimes against humanity for the spate of deaths under the administration's drug war.

The complaint cited testimonies from Matobato, another self-confessed DDS assassin Arthur Lascañas, and various reports from human rights groups and media organizations.

“Mr. Sabio is not the first to accuse Mr. Duterte of mass killings – so have Human Rights Watch, in 2009; Amnesty International, this January; and some brave Filipino politicians,” the New York Times editorial reads.

Matobato and Lascanas earlier tagged the President in DDS murders during his years as Davao City Mayor.

Duterte has given varying answers to the existence of the death squad, but the two self-confessed hitmen have maintained that the long-time city chief ordered killings of petty criminals, drug dealers, and even political enemies.

In the 77-page complaint, Sabio said Duterte had "repeatedly, unchangingly and continuously" committed crimes against humanity, and that killing drug suspects and other criminals has become "best practice" under his administration's war on drugs.

More than 7,000 have died in Duterte's fierce anti-drug campaign, but the administration has maintained that less than half have been killed in legitimate police operations. Reuters placed the death toll at 9,000, while the New York Times editorial piece pegged it at 9,400.

The Palace had earlier said the ICC case would not prosper. Duterte’s allies in Congress, as well as top government lawyer Jose Calida, also share the same position.

In going to the ICC, the global court of last resort, Sabio argued that the Duterte government was unlikely to resolve complaints of human rights abuses in its drug war. The ICC can act on a case if the state where the crimes were allegedly committed has shown no willingness or has shown an inability to resolve a matter, he said.

Panelo, however, said the ICC was likely to ignore Sabio’s complaint as various Philippine investigating bodies have shown willingness to address the alleged killings.

He cited a Senate investigation, which found no proof of state-sponsored killings in the country.

“There can be no ground to charge the President with this crime,” Panelo said.

“The Philippines is willing and, in fact, it did probe these so-called killings," he added.

The ICC has no powers of enforcement, and any non-compliance has to be referred to the United Nations or the court's own oversight and legislative body, the Assembly of States Parties.

The complaint is only a possible first step in what could be a long process at the ICC. The tribunal has to first decide whether it has jurisdiction, and then rule on whether it should conduct a preliminary examination.

The New York Times piece acknowledged the ICC may only step in if it is proven that a country’s “national courts are unwilling or unable” to investigate cases of genocide, crimes against humanity and war crimes.

“Those conditions might be met if the Philippines House of Representatives, dominated by Mr. Duterte’s allies, quashes, as expected, an impeachment motion filed by an opposition lawyer,” the opinion piece reads.

“But there is already more than enough evidence for a preliminary investigation, which would send an unmistakable signal to Mr. Duterte that he may eventually have to answer for his crimes, and would encourage governments to take measures against him, such as imposing tariffs on Philippine goods.”

The New York Times said, if the findings of Sabio and other human rights organizations are not enough, “there are Mr. Duterte’s savage words” to serve as basis.

“Hitler massacred three million Jews. Now, there is three million drug addicts. I’d be happy to slaughter,” the newspaper quoted Duterte as saying.

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