ICC, puwedeng i-freeze ang ari-arian ng nililitis habang gumugulong ang kaso

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Kahit hindi pa nahatulan, puwede nang i-freeze ang assets o ari-arian ng isang nililitis ng International Criminal Court para matiyak na may pambayad na danyos para sa mga biktima. Bagama’t may komplikasyon ito sa mga bansang hindi na miyembro ng ICC, may legal na paraan ayon sa Malacañang para ipatupad ang freeze order.

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Transcript

00:00Even if it is not yet regulated, assets or property can be freezed by an international criminal court

00:09to make sure that there is a payment of damages for the victims.

00:13Although there is a complication, in countries that are no longer members of the ICC,

00:18there is a legal way according to Malacanang to enforce the freeze order.

00:24Ian Cruz is on the case.

00:27In principle, it is the person declared guilty who has to compensate for his or her responsibility in the commission of the crimes.

00:37Because an international criminal court or ICC has declared a person guilty,

00:42it is responsible to pay the victims.

00:44Even if the case is still ongoing, it is possible to freeze the assets or property of a suspect.

00:52Based on the website of the ICC, the Office of the Prosecutor or OTP

00:56will find the financial information of a suspect from the beginning of the hearing.

01:01If a warrant of arrest or summons to appear is issued,

01:05a request for the identification, tracing, and freezing of the property and assets of the suspect can be issued.

01:12The registry or the one that performs the non-judicial functions of the ICC

01:17is responsible for finding and recovering the assets of the suspect

01:21and will request help from the states and intergovernmental organizations to compensate.

01:27But there is a complication if the country is not in compliance with the Rome Statute

01:31where the freeze of the assets of the suspect will be requested,

01:36according to Attorney Gilbert Andres, one of the five Filipino lawyers on the list of counsel of the ICC.

01:42These assets, when it's in the Philippines, it needs the cooperation of the Philippine domestic authorities.

01:49If it's outside, if it's not a non-state party, it's not obligated to cooperate under the Rome Statute.

01:57But if the government has a political will, there is still a legal way

02:01for the freeze order to be executed if the ICC refuses, said Palacio.

02:06If there will be an issue or the ICC will issue an order,

02:12we will teach it, we will give it to AMLOC if it's necessary.

02:17Doesn't this mean that the Philippine government will cooperate with the ICC?

02:22That's why we will send it to AMLOC.

02:24But AMLOC is under the Philippine government.

02:27Yes, but if there's a need for that, AMLOC doesn't refuse.

02:31So if there's a need to give reparation damages to the victims,

02:37justice should be given.

02:39Meanwhile, the former Chief Presidential Legal Counsel, Salvador Manelo,

02:43aside from the lack of a legal basis for the freeze order,

02:47there's no need to freeze because the former president is poor.

02:51In the last SAL-E issued to the public in 2017,

02:54the former president has a net worth of more than P28 million.

02:59His last SAL-N was not published.

03:01According to the ICC,

03:03most of the time, in the scope of the crime,

03:06the recovered assets of the accused are not enough.

03:09But the court has a trust fund that can be used for various kinds of support for the victims.

03:16For GMI Integrated News, Iancruz, Katutok, 24 Hours.

03:29For GMI Integrated News, Iancruz, Katutok, 24 Hours.

ICC, puwedeng i-freeze ang ari-arian ng nililitis habang gumugulong ang kaso | 24 Oras

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