Noy to extradite Kirams to Malaysia

By Benjamin B. Pulta and Angie M. Rosales
The Daily Tribune

DoJ chief feeds Sulu Sultan to Malaysian wolves

Not only is President Aquino not providing any protection to Sultan Jamalul Kiram lll’s fighters in Malaysia, but he is also bent on extraditing the Sultan and his Tausug followers to Malayisa, as its authorities have asked, despite there being no extradition treaty between the two Asian countries.

Justice Secretary Leila de Lima yesterday bared Palace plans to surrender Sulu Sultan Kiram to Malaysian authorities.

Speaking to newsmen, the Justice chief confirmed the decision, saying that despite the absence of an extradition treaty between the Philippines and the Malaysian government, the Department of Justice (DoJ) is searching for legal mechanisms to send Kiram to Malaysia and face possible charges for the “homecoming” invasion by Kiram’s loyalist armed militia of Sabah, Malaysia which the Kirams claim to be their own.

The Philippine plan to extradite the Kirams and their followers was evidently made on the say so of Malaysia as in Felda Sahabat, Malaysia, its foreign minister has said the country may seek the extradition the Philippine sultan whose followers launched a deadly incursion into eastern Malaysia.

Malaysian forces are currently hunting the Islamic militants in a remote region of Borneo island where they landed last month to assert a long-dormant territorial claim in what has become Malaysia’s worst security crisis in years.

At least 28 people, mostly militants, have been reported killed.

Foreign Minister Anifah Aman said Malaysia was considering whether to seek the extradition of Kiram III, the claimed heir to the former southern Philippine sultanate of Sulu, if Manila fails to take action.

“The group’s leader has made statements that have incited anger and hatred. Does the Philippines have laws to bring him to justice?” Anifah said late Wednesday on a television talk show.

“If not, maybe we will ask the Philippines to hand him over to us.”

“We do not have an extradition treaty with the Philippines but it can be done in the spirit of Asean,” he said, referring to the Association of Southeast Asian Nations, of which the two neighbors are both members.

While the Philippine government has warned Kiram he may have broken domestic laws, an extradition to Malaysia would appear unlikely as it has made no efforts to arrest him, although there appears to have a change of heart, as the DoJ has already bared plans to have Kiram extradited yesterday.

Kiram and his aides have also been allowed to operate freely from his home in Manila, where he has held daily press conferences and met with the head of a Muslim rebel group that backs his claims to the Malaysian state of Sabah.

“We are studying if extradition can be possible considering we don’t have extradition treaty with Malaysia. But there might be some mechanisms to go about it and that’s what we are looking into,” De Lima pointed out.

The DoJ chief stressed that the President has given instruction to make sure Kiram and his men would face charges here first.

“That’s our priority. Insofar as Philippine laws are concerned, we have the primary jurisdiction. If they violated laws of Malaysia, that should be dealt with later on,” she revealed.

De Lima said the National Bureau of Investigation (NBI) is pursuing a case against the Kirams and their followers.

She, however, admitted that the specific charges to be filed are still being determined as probers are set to summon personalities involved in the issue, including the sultan himself.

She likewise denied reports that NBI agents posed as members of the media to penetrate the camp of Kiram.

De Lima claims the government will prosecute the group led by the sultanate’s crown prince Raja Muda Azzimudie Kiram under Philippine laws even if they committed the crime in a Malaysian territory.

She said there is extra-territorial jurisdiction to investigate Kiram and his group under section 2 of article 2 of Revised Penal Code (RPC), which applies penal law outside the Philippine territory.

Among the said instances when the an act done outside the Philippines is punishable by the Philippine law is “Inciting to war or giving motives for reprisals” committed by persons who “provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.”

Philippine National Police (PNP) director general Alan Purisima yesterday vehemently belied earlier reports that any armed individuals or group who are supporters of the Sultanate of Sulu will be apprehended.

Purisima who went to visit Tawi-Tawi on Thursday morning said that the national police are there to secure the citizens and since the crime was committed in Malaysia then the charges would then be filed in Malaysia as well.

Purisima who went to Simunul island to personally assess the security situation explained that they can’t file charges against them when they have no guns when returned to the country.

The PNP chief added that they would prioritize to maintain the peace and order following the increasing prices and supply shortage of basic commodities at the said place because of the present crisis.

Purisima said they will also assess if there is a need to send additional troops in the islands of Tawi-Tawi to monitor the movements of the Royal Army and also the implementation of security measures in the whole province.

Meanwhile, a Palace ally in the Senate yesterday said Malacañang should pursue working on the framework agreement calling for the creation of an autonomous political entity called Bangsamoro, over the issue concerning Kiram III’s insistence in reclaiming “ownership” on Sabah, despite the reported loss of lives due to a series of bloody encounter with Malaysian security forces.

Sen. Panfilo Lacson made the statement even as he himself admitted that the situation confronting the supporters of Kiram in Sabah could escalate into an international issue considering that the legal claims of the sultanate would entail the issue of the government of the Philippines and Malaysia.

Under such scenario, international bodies such as the United Nations or Asean could be tapped to help in determining the resolution of the issue.

“I think our government is also taking steps to address this,” Lacson told reporters in a news forum at the Senate, adding that speculations on the moves of Kiram as probably aimed at derailing the peace talks with the Moro Islamic Liberation Front (MILF) and the framework agreement on the Bangsamoro, which cannot be determined at this point.

“But again, I believe that the peace process should take priority over any other crisis prevailing now. We must remember this is one legacy the President wants to leave behind when he steps down in 2016,” he said.

Lacson defended Aquino’s handling of the Sabah tension, saying that the administration is in the best position to handle the crisis.

“More than anybody in this room and for that matter, more than anybody in this country,it is the president who has the widest access in intelligence information.I believe he is acting on the basis of all these intelligence reports and intelligence assessments made by the intelligence community.

So many issues are up for consideration, Lacson pointed out and one case in point is the fact that there is already an ongoing peace process with the MILF which could be derailed.

“We all know Malaysia plays a major role in the peace process between the MILF and the government,” he said, as though this was of priority importance to play ball with Malaysia and give in to whatever Malaysia demands.

The senator also said Aquino’s security adviser and the Chief Executive himself are in the best position to determine whether there is a need to convene the National Security Council (NSC) at this point, saying that his meeting with the Cabinet cluster is sufficient, Sen. Ramon Revilla Jr. expressed dismay over Aquino’s handling of the Sabah situation.

““While I understand that it is important to maintain our bilateral ties with Malaysia, I believe that it is equally if not more important for the government to protect the rights and interests of our citizens. Last I checked, the Sultanate and its supporters are Filipino citizens.

“It is high time for the administration to step up to its role which is to act on behalf of our citizens. Many lives of our kababayans have already been put at risk, and more are still are at stake.

“I understand that it would be a tough balancing act for the government. Nonetheless, it has to make a stand. While the administration keeps its peace-advocate-image to maintain our friendly ties with Malaysia, Malaysia on the other hand continues to deal with force through those attacks against our countrymen in Sabah.

“We must protect our people against the excessive use of force which is violative of Human Rights Law. As International Law and Humanitarian Law expert Prof. Harry Roque said, ‘the Philippine government, in addition to espousing the rights of its nationals, should also demand that the international community should ask Malaysia to cease and desist from further breaching human rights law. It should later be asked to pay compensation to the victims of its use of disproportionate use of force.’

“I think we have already come to the point where government can no longer dilly-dally. We cannot sanction violence, but we have to act in the best interest of the nation and our people.

“We have to protect our people and not just watch them die. If we put premium to our ties with other countries over the lives of our people, then we seem to be betraying our own countrymen. As leaders of this country, we have to prioritize our territory and our own people more than the others.

“We can’t blame the Kirams if they are determined to pursue their claim because we have to admit that it has plausible basis in history and in law.

“The territory was turned-over to the sultan of Sulu on 1704 after it helped a Bruneian leader to successfully quell a rebellion. As a gift of gratitude, the leader granted the North Borneo to the sultan of Sulu. It was then carried over to the Philippine territory when Sulu Sultan Mohammad Esmail Kiram and his wife presented it to President Diosdado Macapagal on 1962. No less than our Constitution and our laws have since confirmed that Sabah is part of the Philippines,” he added. With Gina Elorde and AFP