By Peter Trankner
Some questions arise regarding the Student Christian Movement’s (SCM) comments on the Duterte case.
The SCM states: “Without doubt, the government must cooperate with the International Criminal Court (ICC) to convict, prosecute and jail Duterte.”
Undoubtedly, EJK or extrajudicial killing is a barbaric act and cannot be tolerated under any circumstances and there is no question that Mr. Duterte will have to answer for his actions in court. But why the ICC? The Philippines is a sovereign state and not a member of the ICC. Why then extradite Mr. Duterte to a foreign court, the ICC, and not bring him before a Philippine court? Would that not be more in the interest of the judicial integrity of the Philippines?
The SCM continues: “For someone who ordered to kill thousands and terrorize millions, Duterte only deserves lifelong imprisonment.” This sounds very much like pre-judgement.
In a liberal constitutional state, the fundamental right of presumption of innocence applies to every defendant. Someone is only guilty when the court has justifiable convicted him. This fundamental right also applies to Mr. Duterte. This is the fundamental difference from autocratic states.
Students in general like to see themselves as the intellectual elite of a country’s future. That is okay.
But this should include the ability to recognize connections with the necessary foresight and tolerance for other opinions.