Former Chief Presidential Legal Counsel Salvador Panelo led on Wednesday the filing of a petition for habeas corpus (produce the body) before the Supreme Court (SC), compelling the Philippine government to bring back former President Rodrigo Duterte to the country.
Panelo filed the said petition at the SC office in Manila with his son and fellow lawyer Salvador Paolo, Jr. They represented Duterte’s youngest daughter Veronica, also known as ‘Kitty,’ who signed as petitioner.
“In simple words, the arrest was illegal. They kidnapped a citizen of this country without any basis,” claimed the senior Panelo in an interview with journalists outside the courthouse.
“Even under our extradition treaty, before you arrest someone who is supposed to be handed over to another country that is asking for your help, you have to go through a process. You have to file a local court to give the person you are arresting a chance which clearly did not happen in this case,” he added.
Panelo claimed that Duterte was arrested without a warrant and was forced to enter the plane, instead of being taken to the hospital because of his condition. They argued that the former president was illegally detained at the Villamor Air Base on Tuesday.
Duterte was arrested by the International Criminal Police Organization (Interpol) acting on a warrant served by the International Criminal Court (ICC). The ICC charged the former president over allegations of crimes against humanity linked to his war on drugs.
Among the respondents named in the petition include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine National Police (PNP) chief Rommel Francisco Marbil, and PNP-Criminal Investigation and Detection Group (CIDG) chief Maj. Gen. Nicolas Torre III.
For his part, Paolo Jr. noted they are also demanding explanation from the respondents for Duterte’s sudden arrest. He explained that since the ICC has no jurisdiction in the country, the warrant of arrest cannot be used to arrest, detain, and bring Duterte to The Hague,
A petition for habeas corpus is a remedy where a person in custody petitions a court to challenge the legality of detention, claiming that the imprisonment is unlawful, and seeking release. In this case, Veronica filed the petition on behalf of her father.
The former president departed for The Hague, Netherlands late Tuesday evening with his lawyer and former Executive Secretary Salvador Medialdea via a chartered flight. They are expected to arrive there this Wednesday.
Editor’s Note: Updates were made throughout for this story. Originally posted with the headline “Panelos file petition to bring Duterte back to the Philippines.”