Lawyer who filed complaint before ICC vs Duterte advised to file writ of amparo

February 12, 2018

If the Filipino lawyer who filed a complaint against President Rodrigo Duterte before the International Criminal Court felt threatened for his life, he should file a writ of amparo before the court, Malacanang said on Monday.

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The writ covers extralegal killings and enforced disappearances or threats.

"Let's make sure that if there's a threat and he (Jude Sabio) should report it to the police, if there's a threat, go file a writ of amparo...that's the remedy," said Presidential Spokesperson Harry Roque in a press briefing.

Sabio has said he always assumed his life was in danger, particularly now  that his "enemy" was not only Duterte. He has said the president has "tentacles everywhere and they are killers."

Roque said the Palace has "no ill will" against Sabio.

"We don't put much importance to the complaint," he said.

He expressed belief the complaint would not prosper.  "We know that it will not proceed beyond preliminary examination," Roque added.

The ICC is conducting preliminary examination on the complaint filed against Duterte for allegedly violating the Articles of Rome Statute through commission of mass murder or extrajudicial executions constituting crimes against humanity.

Asked if Malacanang expects the preliminary examination to finish within the year, Roque said, "Good luck. Colombia has been under preliminary examination for 13 years." Celerina Monte/DMS