Sham “Welfare Checks” On PRRD Betray International Law and Filipino Sovereignty

By Arnedo S. Valera, Esquire

When Vice President Sara Z. Duterte revealed that Philippine Embassy officials in The Hague conducted a so-called “welfare check” on Former President Rodrigo Roa Duterte inside the ICC detention unit, many Filipinos were rightfully alarmed. What was presented as a humanitarian act was, in truth, a political intrusion. It must be condemned.

Consular Authority Abused

The Vienna Convention on Consular Relations (1963) permits consular visits to nationals detained abroad, but such visits must be rooted in genuine protection, not political surveillance. Embassy officials who entered under false pretenses abused that privilege. Worse, they did so as representatives of the same government that forcibly surrendered FPRRD to the ICC—without judicial authority from Philippine courts.

This was not protection. It was intrusion.

Rights of the Detainee Ignored

Since March, family members have visited FPRRD almost daily to ensure his welfare. The ICC had already established mechanisms for humane treatment and family access. For Philippine officials to intrude without consent violated the detainee’s right to security of person under the International Covenant on Civil and Political Rights.

If these sham visits continue, the ICC itself risks complicity. Should any harm befall FPRRD—including, God forbid, death in custody—responsibility will rest squarely with both the Philippine Government and the ICC for failing to prevent interference.

Selective Care, Political Motives

Vice President Duterte rightly pointed out the hypocrisy: thousands of Overseas Filipinos are languishing in foreign jails without a single “welfare check.” Why the sudden interest in FPRRD, if not to satisfy the political aims of Malacañang?

The answer is obvious. These visits were not for protection but for pressure—an attempt to monitor, intimidate, or control a former President under the guise of consular duty.

The Sovereignty Question

The broader issue cannot be ignored. The ICC’s mandate rests on complementarity: it acts only when national courts are unable or unwilling. The Philippines has functioning courts. The forcible surrender of a former head of state to a foreign tribunal without domestic judicial process violates both the Constitution and the principle of sovereignty enshrined in the UN Charter.

By permitting Philippine officials—agents of the surrendering power—to intrude upon the detention unit, the ICC risks validating that violation. Instead of defending justice, it risks legitimizing political persecution.

A Call for Accountability

President Ferdinand Marcos Jr. must answer for weaponizing consular functions. The ICC must enforce its own rules and protect the dignity of detainees under its custody. And the Filipino people must demand accountability for the betrayal of sovereignty.

Former President Duterte, like any detainee, is entitled to humane treatment, security, and protection. Anything less dishonors international law and the very ideals of justice.

These sham “welfare checks” are not acts of care but acts of coercion. If left unchecked, they will deepen the crisis of sovereignty, undermine the ICC’s credibility, and place the life of FPRRD in grave danger.

The Filipino people—and the world—deserve better.#

Atty. Arnedo S. Valera is  a Co- Executive Director / Founder of the Global Migrant Heritage Foundation and Managing Attorney of Valera & Associates, a U.S. immigration and anti-discrimination law firm he has led for more than 32 years. He is a New York lawyer and Philippine Attorney since 1985.He is a Ford Foundation and Asia Foundation Scholar, holding a master’s degree in International Affairs and International Law and Human Rights from Columbia University, New York, with further training at the International Institute of Human Rights in Strasbourg, France. He earned his Bachelor of Laws from Ateneo de Manila University and his AB in Philosophy from the University of Santo Tomas. A committed educator, he serves as a professor at the San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances. He is also a columnist writer for Inquirer.net and a pro-bono attorney for several nonprofit organizations in the United States.