Ex-President Rodrigo Duterte makes initial appearance before ICC; next hearing on Sept. 25

Presiding Judge Iulia Antoanella Motoc of ICC Pre-Trial Chamber 1. Photo courtesy of ICC website

MALAYBALAY CITY (MindaNews / 14 March) – Former Philippine President Rodrigo Roa Duterte on Friday made his initial appearance before Pre-Trial Chamber 1 of The Hague-based International Criminal Court to confirm his identity and inform him of the charges against him.

Duterte, who was represented by former executive secretary Salvador Medialdea, followed the proceedings via video link. His case was assigned the number ICC 0121-0125.

During the hearing that only lasted 27 minutes, Presiding Judge Iulia Antoanella Motoc, asked Duterte his name, date and place of birth. A court officer read to Duterte the nature of the charges against him.

Former Philippine President Duterte following the hearing via video link. Photo courtesy of ICC website

Afterwards, Motoc mentioned to Duterte some of the rights he may avail of under the Rome Statute – assistance free of charge of a competent interpreter and benefit from the necessary translations to meet the requirements of fairness, to have the time and facilities necessary to prepare his defense and to communicate freely and confidentially with the counsel of his choice, the right to remain silent and not be forced to testify against himself or to confess guilt.

The judge explained that since the hearing was not the start of trial nor a confirmation of charges, there would be no presentation of evidence, and the issues of Duterte’s guilt or innocence will therefore not be addressed.

She said the purpose, based on Article 61 of the Rome Statute, was to inform Duterte of the crime of which he is accused as well as his rights, and to set a date for the confirmation of charges hearing.

“In accordance with Article 61 of the Rome Statute, the Court’s founding treaty, and Rule 1211 of the Rules of Procedure and Evidence, the main purpose of this initial appearance is to answer three questions. Firstly, the Chamber must ensure that the person who was the subject of the arrest warrant has been informed of the crimes of which he is accused. Second, the Chamber must ensure that this person has been informed of his rights as recognized by the Rome Statute,” she said.

Salvador Medialdea as Duterte’s counsel during the hearing. Photo courtesy of ICC website

Motoc said she allowed Duterte to follow the hearing via video link in consideration of his health condition and age.

Medialdea had filed a motion to postpone the hearing next week but it was denied by the court, saying there would be no further discussion in Friday’s hearing and therefore no preparation was needed.

In his manifestation, Medialdea hit the manner with which Duterte was arrested and brought to The Hague. He called the arrest an “extrajudicial rendition” and a “kidnapping”.

He alleged that Duterte was denied legal recourse in his own country for political reasons.

“To the less legally inclined, it was a pure and simple kidnapping. My client was denied all access to the legal recourse in the country of his citizenship and this all in the nature of political scores settling.

“Two troubled entities struck an unlikely alliance. An incumbent president who wished to neutralize and choke the legacy of my client and his daughter, on the other hand, and a troubled legal institution subject to delegitimization and desperate for a price cut and a legal show today, on the other hand. With this in mind, it is not surprising that my client was abducted from his country. ICC private jets do not drop out of the thin air,” Medialdea said.

Duterte is suspected of murder qualified as a crime against humanity, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019 and linked to his bloody “war on drugs” that killed thousands of alleged drug dealers and users.

During the period covered by the alleged crime, Duterte was, at varying times, the President of the Philippines, the Mayor of Davao City, and, allegedly, the head of the Davao Death Squad.

He was arrested Tuesday in Manila upon his arrival from Hong Kong and flow to The Hague on the same day.

The confirmation of charges hearing was set on September 25 this year. (H. Marcos C. Mordeno/MindaNews)