PROFESSED hitman Edgar Matobato said he will file a case against President Rodrigo Duterte before the International Criminal Court for his alleged involvement in the Davao Death Squad, his lawyer said Monday.
“We are still working on the possible complaint, but this will be looked into very seriously and the offense is crime against humanity,” lawyer Jude Sabio. “It’s crimes against humanity because of murder, [President Duterte] committed it in a systematic and widespread.”
CHR chairperson Jose Luis Martin Gascon earlier said the ICC may exercise jurisdiction over the matter if the government fails to address the issue.
“Failure of government to address this situation currently prevailing, the unexplained extrajudicial killings, and to provide remedies in terms of prosecution of perpetrators could result in the possibility of the International Criminal Court exercising jurisdiction over those matters if we fail to do so,” Gascon said during the second Senate hearing on the extrajudicial killings.
Citing the Rome Statute, Gascon said the ICC can probe killings in the country if the Philippines is either “unable or unwilling” to prosecute cases. After all, the Philippines, he said, is a signatory to the said convention in 2011.
“In fact, the United Nations has mechanism of monitoring and international criminal court as well. They receive information on a regular basis. They can conduct consultation, provide advisory support for us to address concern. And if these concerns are not adequately addressed, then their prosecution will make a recommendation of assumption of jurisdiction,” Gascon explained.
Matobato meanwhile, is facing arrest before the Davao City court for his failure to attend the hearing of his case in connection with the illegal possession of firearms charge filed against him on Tuesday.
Sabio said that while there is “no definite timetable yet,” his client is seriously looking into filing a case, citing the 1998 Rome Statute of the ICC that punishes heads of states found guilty of genocide, war crimes and crimes against humanity.
“Duterte is not immune from any suit before the ICC,” he added.