Mayor Rama: It’s a local crime; charge them here
IF Cebu city government officials had their way, the two Chinese suspects in the shooting of three Chinese diplomats in a local restaurant would be charged by the police and tried in a Philippine court.
In a press conference, Cebu City Mayor Michael Rama and Vice Mayor Edgardo Labella, both lawyers, said they were unhappy and disagreed that police had to let go of Li Qing Liang and his wife Gou Jing, who works in the visa section of the Cebu Chinese Consulate.
The mayor said he wanted the police to retain custody because the crime was committed in Cebu City. He invoked his “operational supervision and control” over the local police as mayor.
Rama said he gave an order to City Intelligence Branch head Supt. Romeo Santander to “follow the usual process” but as of last night, it was too late as the couple were flown out of Cebu, facilitated by the Department of Foreign Affairs, which said the suspects had full diplomatic immunity.
Rama said that while the DFA has to be involved, the incident was still “a local affair.”
He said he spoke with Cebu Gov. Hilario Davide III who agreed with him.
“Jointly with the governor, we are expressing our disenchantment because we look at the whole incident as something condemnable and dastardly,” he told reporters.
He said the incident should be recorded in the police blotter, and the couple arrested and made to undergo inquest proceedings.
Vice Mayor Labella said he believes that under the Vienna Convention only ambassadors are covered by diplomatic immunity, not consular officials.
He explained that the criminal justice system has three characteristics. It is “general”, “territorial” and prospective.
“It is territorial in the sense that anybody, whether Filipino or foreigner, who commits a crime within the territorial jurisdiction of the city can also be held liable under our penal laws,” he said.
“I think the PNP should do their job. They should file the case with the prosecutor’s office. The rule of law should be observed,” he added.
He said the Department of Justice (DOJ) should take over and make sure a criminal complaint is filed.
But the National Bureau of Investigation (NBI) whose agents are lawyers, said they were not getting involved in the case other than for “reportorial purposes”.
NBI 7 Director Ricardo Diaz said a bilateral agreement between the Philippines and China, provides for absolute immunity from criminal prosecution for consular officers.
The 2009 Consular Agreement between the People’s Republic of China and the Republic of the Philippines was signed by then Foreign Affairs Secretary Alberto Romulo and Yang Jiechi of China.
Previously, said Diaz, said only diplomats – ambassadors and their staffs – enjoyed immunity.
But under Article 35 of the 2009 agreement “a consular officer shall be immune from the judicial or administrative jurisdiction of the receiving State, except in civil proceedings.”
“Members of the administrative and technical staff and of the service staff of the consular post shall be immune from the jurisdiction of the judicial or administrative authorities of the receiving
State in respect of any act in the performance of their functions, except in the civil proceedings,” the agreement added.
For the Cebu case, the spouse of a consular staff member was identified as the gunman.
Under Article 41, family members of a consular officer or the administrative or technical staff enjoy the same privileges and immunities.
If we have that kind of bilateral agreement, we have to follow it,” Diaz said.
Diaz said the Philippine National Police already sought the advice of the Department of Foreign Affairs on this matter.
“It would be up to China to prosecute them,” Diaz said.
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