No kidnapping, no irregularities in Duterte's surrender to ICC—Palace

Malacañang denied accusations that former president Rodrigo Duterte was denied of his basic rights and was even "kidnapped" when the Philippine government surrendered him to the International Criminal Court (ICC) on Tuesday, March 11.

In a press briefing on Wednesday, March 12, Palace Press Officer and Communications Undersecretary Claire Castro said the government followed the law despite the situation being an extraordinary one as it was the first time that an international court went after a former Filipino president.

"If you will say that it is normal, I can say it is. But this is the first time that we did this. So, if you did everything based on the law, I think there could be no question on that," she said.

"It is regular. What we did, what the government did, was regular. It is based on the law, based on our own law, RA 9851," she added.

Castro was referring to Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. She specifically cited the law's Sec. 17, which states that "the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."

With this, Castro said that the country's legal system was still working even with what happened to Duterte.

"Of course, still working, sa pagkakataong ito (even this time)," she said.

"Sa panahon ni dating pangulong Duterte, hindi natin alam. Kaya nga nagkaroon ng pag-file ng complaint sa ICC (I don't know during the time of former president Duterte. That's why cases were filed before the ICC)," she added.

'No kidnapping'

Castro likewise rejected claims of Duterte's supporters that the latter was "kidnapped." The term was used repeatedly by the former president's family, with Vice President Sara Duterte even describing what happened as "State kidnapping."

"Paano po magiging kidnapping kung may (How can it be kidnapping when there was a) warrant of arrest? It was issued by an authority, by the court," she pointed out.

"Kapag po meron nang issuance ng anumang (If there's any issuance of an) order from the court, we have comply, especially, sa atin pong nangyari (like what happened), through Interpol," she added.

Castro said the government cannot just resist authorities serving arrest warrants.

"Hindi po pwedeng kapag po nagse-serve ang sinumang otoridad, let's say sheriff, ay atin na lang po itong tatalikuran, o ating sasaktan, o susuntukin. Hindi po pwedeng ganoon (It’s not acceptable that when an authority, let’s say a sheriff, is serving, we just turn our backs on them, or hurt them, or punch them. That’s unacceptable)," she said.

"Kung ano po ang nandiyan at legal po na masasabi nating order from the court, we should abide by that (If the court order is legal, we should abide by that)," she added.

'Rights were ensured'

Castro also dismissed claims that Duterte was denied his constitutional rights, especially his right to seek medical attention.

"Hindi po 'yan totoo dahil nung panahon po na siya po ay nasa kustodiya na po, talaga pong ang pagtrato po sa kanya ay hindi po lamang basta-basta (That's not true because the moment he was in custody, he was not treated just ordinarily)," she said.

"Tinrato pa rin siya bilang Pilipino at bilang former president (He was treated as a Filipino and a former president)," she added.

According to Castro, doctors, nurses, and lawyers were with Duterte when he was still at Villamor Airbase.

"Wala pong katotohanan na hindi siya nabigyan ng tamang atensyon, especially patungkol sa medical needs na kailangan niya (There's no truth that he was not given the appropriate attention, especially for his medical needs)," she said.

"Kung ano ang sabi ng doktor na nag-attend po sa kanya ay hindi naman po sinasabing kritikal po ang kanyang kondisyon. Hindi naman po kinakailangan na siya ay dalhin sa ospital (The doctor who attended to him didn't say he was in critical condition and needed to be brought to the hospital)," she added.