The Manila Times
THE possible return to the Philippines of fugitive former Ako Bicol Party-list representative Elizaldy “Zaldy” Co from the Czech Republic would not be automatic following his arrest in the country, a legal expert said Friday. International law expert Melissa Loja said Co’s deportation would depend on Czech authorities’ assessment of his legal status based on available travel documents. She added that even if Czech immigration authorities initiate return or deportation proceedings, the process involves a case-by-case determination on where an individual may be sent, particularly in situations involving multiple jurisdictions, possible dual nationality or alternative valid travel documents. Loja stressed that host states retain broad discretion over the execution of removal orders, including the destination country, based on legal grounds for stay, identity documents presented and international obligations. “If return procedures are initiated, the Czech Republic can choose to return him to the Philippines or to the country that issued his passport. The Philippines would need to formally appeal for his return here,” Loja said. She added that such outcomes are not automatic and typically require coordination between immigration authorities and diplomatic channels, especially when an individual may be linked to more than one nationality or holds other recognized travel credentials. Loja said that deportation or return procedures in Europe generally involve layered assessments, including verification of identity documents, immigration status and any international alerts or requests tied to the individual’s name. According to Loja, this means Philippine authorities would need to actively pursue formal diplomatic and legal mechanisms if they want Co specifically returned to the country to face proceedings. She noted that cooperation between states would be crucial in determining the final outcome, as host countries balance domestic immigration laws with international requests for surrender or repatriation. Authorities have yet to fully clarify the legal basis for Co’s detention in the Czech Republic, even as Philippine agencies continue coordination efforts for his possible return in connection with alleged irregularities in flood control projects. Loja’s remarks come amid questions over Co’s reported ability to travel between Sweden and the Czech Republic despite the cancellation of his Philippine passport, raising legal and procedural issues on what documents may have enabled his movement within Europe. She said Co’s cross-border travel within the Schengen area suggests he may not have been relying solely on a Philippine-issued passport, which is typically rendered invalid for international travel once canceled by issuing authorities. Instead, she said his movements point to the possibility that he may have used another valid travel document or legal status recognized within Europe’s border system. One possible scenario, she said, is that Co may hold dual nationality or another state-issued passport that would still allow him to travel freely within the Schengen area regardless of the status of his Philippine travel documents. Under Schengen rules, internal border controls between member states are largely absent, allowing individuals with valid entry authorization in one country to move across others, subject to immigration databases and security alerts. “It is possible that he holds another passport or travel document that allowed his movement within the Schengen area,” Loja said. She added that in some cases, individuals may also travel using residency permits or other forms of legal stay documentation issued by a Schengen state, depending on their immigration status and applicable restrictions. Loja also cited the Schengen Information System, a shared security database used by European states to track individuals flagged for alerts, including those wanted for prosecution or considered security risks. She said the outcome of any deportation or extradition-related process could depend on whether Co has been listed in the system and how European authorities classify the alleged offenses. “If the Schengen Information System has tagged him for a transnational crime, we have a better chance of securing his return if we can show there is a nexus between the alleged crime and Europe,” she said. Philippine authorities have yet to fully disclose the legal basis surrounding Co’s detention in the Czech Republic, even as government agencies continue coordination efforts for his possible repatriation to face charges linked to alleged irregularities in flood control projects. Officials have not clarified whether extradition requests, deportation proceedings or other legal mechanisms are currently being pursued, with discussions continuing through diplomatic and law enforcement channels.
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