Harry Roque applies for asylum in the Netherlands

“After our meeting today, I am formally filing for asylum here at the Netherlands,” Roque announced in a press conference held from The Hague, where he went soon as Duterte was taken there. Previously, Roque traveled under the radar reportedly to Dubai and China, and left his congressional warrant here. It is not a court-issued warrant and therefore holds no power to prohibit his travel.

Roque, an ICC-accredited counsel and former professor of international law, claimed that while his application is pending, he cannot be deported nor prosecuted for illegal entry. “Dahil ligal naman ang pagpasok ko dahil meron naman akong visa,” said Roque. (My entry is legal because I have a visa.)

“As soon as my application for asylum is received, I do have the rights to non-refoulement, non-refoulement under international law means number one, non-deportation until their investigation is completed if I’m entitled to asylum status,” Roque said.

The United Nations defines non-refoulement as a guarantee “that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and
other irreparable harm.”

Roque believes that the warrant issued against him by the House of Representatives Quad Committee will boost his application that he faces harm in his home country. He says it is proof of “unjust prosecution.” The quad committee is investigating Roque for his role in an alleged scam farm discovered in Porac, Pampanga. A draft resolution has also been prepared by prosecutors with regard to the complaints for human trafficking filed against Roque and others, over the trafficked workers of the scam farm.

“Kasi dito sa Europa unheard of ang warrant of arrest na indefinite ang lifetime, at number 2 walang bail,” said Roque. (It is unheard of in Europe that a warrant of arrest has indefinite lifetime, and has no bail.)

Congressional warrants have been used by lawmakers to compel witnesses to cooperate in a legislative hearing, and they have been allowed by the Supreme Court to keep such witness in their custody until they are done with their hearing.

But what Europe knows are human rights sanctions, similar to the Magnitsky Act where there will be a set of soft law and mechanisms to punish alleged human rights violators. Outside the Magnitsky Act, there are also foreign policies in place to this effect.

The Netherlands follows the European Union sanctions on human rights violators. How will that apply to Roque, who went to the Netherlands to support and possibly defend a crimes against humanity suspect?

“I’m sorry I cannot come home, I have to defend my president,” said Roque. – Rappler.com