DUTERTE’S DRUG WAR | ICC sees ‘reasonable basis’ for crimes against humanity in Duterte’s drug war

December 15, 2020 , 12:22 PM

(December 15, 2020) – The prosecutor at the International Criminal Court (ICC) said there is a “reasonable basis” to believe President Rodrigo Duterte has committed crimes against humanity in his four-year war on drugs, which killed over 5,000 according to a report published by the prosecutor’s office.

Fatou Bensouda said the ICC should retain its jurisdiction over the case even if the Philippines withdrew from the Rome Statute after complaints were filed against Duterte and other administration officials, including the former national police chief who is now a sitting senator.

“The Office is satisfied that information available provides a reasonable basis to believe that the crimes against humanity of murder, torture and the infliction of serious physical injury and mental harm as other inhumane Acts were committed on the territory of the Philippines between at least 1 July 2016 and 16 March 2019, in connection to the [war on drugs] campaign launched throughout the country,” Bensouda’s report read.

She said a decision on whether to seek authorization for an investigation into the Philippines may be reached in the first half of 2021, citing the pandemic for the delays in ICC’s decision.

FILE PHOTO: Public Prosecutor Fatou Bensouda attends a trial in the Hague, the Netherlands July 8,2019. REUTERS/Eva Plevier/Pool/File Photo

The preliminary examination, which started on February 8, 2018, said over 5,300 people were reportedly killed in police anti-drug operations in the first three years of Duterte’s term.

By the end of November this year, the figure had risen to 5,942, according to the Philippine government’s Real Numbers PH report.

Bensouda also acknowledged the government’s official statements that the killings were done in self-defense, denying accusations by human rights groups the deaths resulted from arbitrary and extrajudicial executions.

Left-wing lawmakers lauded the ICC prosecutor’s findings.

“We have been saying this a long time ago, and, as a counsel for RISE UP on their ICC complaint as well being chairman of Bayan Muna, who have always supported families of EJK victims in demanding justice,” said Neri Colmenares in a joint statement.

“We are glad that the ICC Prosecutor found credence to these complaints and the pieces of evidence that we have presented. The Duterte administration may deny to high heavens that they are blatantly violating human rights but the international community is also closely watching and we hope that justice will be served soon.”

The ICC prosecutor also noted a “significant number of minors” were victims in the war on drugs as a result of mistaken identity or as collateral victims.

The initial report from the ICC prosecutor was consistent with the information detailed in the report of United Nations’ High Commissioner for Human Rights Michelle Bachelet earlier this year.

Only one case has resulted in the conviction of three police officers over the death of 17-year old Kian Delos Santos in November 2018, but thousands of killings which resembled a similar pattern remained unresolved.

Bensouda had acknowledged the justice department’s creation of an inter-agency panel to reinvestigate the deaths in the anti-drug war. The ICC would be monitoring the developments closely to determine if actions were taken to resolve the killings.

She said the ICC was also unhampered by the Philippines’ notice of withdrawal from the Rome Statute, which recognized the authority of the International Criminal Court.

The notice was submitted in March of 2018, after Duterte lambasted the OCC over the probe, and took effect in March of 2019.

“The Court retains jurisdiction over alleged crimes that have occurred on the territory of the Philippines during the period when it was a State Party to the Statute, namely from 1 November 2011 up to and including 16 March 2019,” Bensouda said.

She also maintained that the court’s jurisdiction, such as its investigation and prosecution of crimes, “is not subject to any time limit.”

(Katrina Elaine Alba/MM)

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.