[Rappler’s Best] Male captus bene detentus 

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We all thought we’ve had enough of a blockbuster for March: A former strongman was arrested and flown to The Hague and compelled to face three women-judges like a meek lamb, and then an impeached vice president of a daughter had turned into his sometimes brash, sometimes modest spokesperson. 

A younger daughter, who shot to Instagram fame for her screams of love for the father, was dumped by friends for baking while waking or whatever the “wake and bake” term means. And then the eager-beaver Harry Roque, self-proclaimed lawyer for the jailed ex-president, was dismissed as counsel shortly after he announced intent to apply for asylum in the Netherlands. Roque is being probed for alleged human trafficking, which makes his asylum bid a long shot.

The Filipino family drama does not end there.

In blazing red, the estranged sister of President Ferdinand Marcos Jr. called for a Senate probe into her brother’s decision to cooperate with the Interpol, which served the International Criminal Court (ICC) arrest warrant against former president Rodrigo Duterte. Reelectionist senator Imee Marcos has also skipped the administration campaign rallies for the May elections since Duterte’s arrest on March 11, and her brother shot back by skipping her name in his campaign spiel and then declaring in Laguna last Saturday, March 22, that he was campaigning for only 11 — not 12 — senatorial candidates.

There’s tension, too, in Marcos’ official family, which the usually tight-lipped National Security Adviser Eduardo Año spilled in his opening remarks during the March 20 Senate probe. 

Unprovoked, Año — who had served under Duterte as interior secretary — denied he had anything to do with the plan to implement Duterte’s arrest. Nor was he a part of a so-called core group that planned it. He was apparently annoyed at Interior Secretary Jonvic Remulla, who named him in a TV interview as one of the top officials who met in Malacañang before Duterte’s arrest, a claim that Duterte supporters squeezed and weaved into various hate memes. Año was so miffed (or scared of Duterte?) that he (or his friends) even bought newspaper space to publish his defense.

• Justice Secretary Boying Remulla somehow saved the day when he reminded Imee Marcos why the ICC had to investigate Duterte in the first place: The victims of his drug war could not find justice here.
• The Philippine Center on Transnational Crime did not help clear the air when its executive director, in a back and forth with Senator Marcos, fumbled and failed to explain in layman’s terms the difference between “diffusion,” which was issued through the Interpol for Duterte’s arrest, and a red notice. Malacañang had to pull in an ICC-accredited lawyer the following day to say that diffusion and red notice meant the same thing: that the ICC had issued an arrest warrant.

Yet, what an irony that those who attended the Senate probe were all complicit in Duterte’s crimes in his heyday, either through action, inaction, or silence. What a bigger irony that the former president and his diehard supporters, who trashed due process and the rule of law, now find themselves seeking refuge in these, as Thought Leader Joey Salgado pointed out in this piece.

Assuming for the sake of argument that Duterte was illegally arrested, would the ICC care? No. 

Male captus bene detentus: wrongly captured, properly detained — it’s a settled doctrine in international law, according to former Supreme Court senior associate justice Antonio Carpio and transnational justice expert Ruben Carranza. Failure to arrest a suspect in serious crimes would cause more damage to international justice than infractions of local laws that would make such an arrest possible, the ICC has said in previous rulings.

Lian Buan lays this out in an explainer.

Just how long will the ICC processes take? Can Duterte get out before his scheduled confirmation of charges hearing on September 23?

Lian will hold an online briefing for Rappler+ members on Wednesday, March 26, at 3 pm. If you’re already a member and want to attend, you have until Tuesday, March 25, to confirm your attendance via plus@rappler.com. If you’re not yet a Rappler+ member, it’s now perhaps time to join and support our work. Visit Rappler+ for details.

Does Duterte stand a chance? His defense counsel, Nicholas Kaufman, tells Rappler what he thinks in this Q&A. Lawyer Ruben Carranza points out that an interim release for the former president is unlikely. Watch Lian’s Rappler Talk with Carranza here.

And how about Duterte’s alleged co-conspirator, retired Philippine National Police chief Ronald dela Rosa, who is running for reelection in May? Will he be next? Jodesz Gavilan crunched the numbers for you, dear senator, not to scare you, but simply to look at ICC trends. 

Here are some of Rappler’s bests that you shouldn’t miss:

Jairo Bolledo sat down with the police general of the hour, Nicolas Torre III, in a wide-ranging interview on Rappler Talk, and wrote more about him in this profile.

Paterno Esmaquel II takes a deep dive into the claim of Senator Alan Peter Cayetano that he is an “ambassador of the Lord.”

Gaby Baizas and Pauline Macaraeg tell us how tech platforms incentivize lies and propaganda. 

John Sitchon brings us to Olango Island’s “solar panel graveyard.” 

Iya Gozum and James Patrick Cruz walk us through the races in Metro Manila as local campaigns kick off on Friday, March 28.

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– Rappler.com

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