ICC gives Duterte at least six months to prepare for defense

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

DAVAO CITY (MindaNews / 15 March) – Former President Rodrigo Duterte has been given at least six months to prepare for his defense before the International Criminal Court (ICC) in The Hague, the Netherlands, where he is facing charges of “crime against humanity of murder” in relation to his bloody “war on drugs.”

In Duterte’s first appearance hearing on Friday, March 14, Presiding Judge Iulia Antoanella Motoc of the ICC’s Pre-Trial Chamber 1, set the date for the Confirmation of Charges hearing six months later, on Tuesday, September 23.

But Motoc added that in accordance with Rule 1217 of the Rules of Procedure and Evidence, “this date may be postponed by the Chamber, depending on the progress of the proceedings, either on its own motion or at the request of the prosecutor or the defense.”

Duterte appeared before the ICC’s Pre-Trial Chamber 1 via video link from the ICC Detention Centre within the Scheveningen prison complex in The Hague, located 1.5 kilometers away from the ICC headquarters.

“As everyone can see, Mr. Duterte is present and is attending the hearing via video link. As Mr. Duterte made a long journey involving a considerable time difference, the Chamber authorized Mr. Duterte to follow the hearing at a distance,” Presiding Judge Iulia Motoc said at the hearing that lasted 27 minutes.

Duterte, who is turning 80 on March 28,  was arrested upon arrival in Manila from Hong Kong morning of March 11 and the chartered plane that brought him to The Hague took off at 11:03 that night, arriving at the Rotterdam Airport in the Netherlands 24 hours later, at 11:56 p.m. Philippine time on March 12.

Motoc asked Duterte to state his name, date and place of birth.  

“Yes, Your Honor. I am Rodrigo Roa Duterte. That’s my ano… first… middle name is Roa, surname is Du-ter-te,” the long-time mayor of Davao City who served as President of the Philippines from 2016 to 2022,  and who on the day of his arrest, said “you have to kill me to bring me to Hague,” replied.

Asked for his date of birth, Duterte replied, “again, Ma’am?”

“Can we request that the question be repeated? I don’t think he heard it,” Duterte’s legal counsel, former Executive Secretary Salvador Medialdea, who was present in the courtroom, asked the Chamber. Medialdea later in his manifestation described Duterte as “an elderly man with debilitating medical issues, hard of hearing and poor of sight.”

After the question was repeated, Duterte, who wore a blue suit and tie and who closed his eyes as he spoke, his voice a bit shaky, said: “My birth month, year, day is March 28, 1945. I was born in the province of Leyte in the Philippines.”

Charges

The “Situation in the Republic of the Philippines case, the prosecutor versus Mr. Rodrigo Roa Duterte” has been assigned its case number —  ICC 0121-0125.

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

The courtroom officer, who was called by the Presiding Judge to read the charges against Duterte, said the Pre-Trial Chamber 1 where Motoc and two other women sit as judges, issued the warrant of arrest for Duterte on March 7, after concluding that “there were reasonable grounds to believe that Mr. Duterte is criminally responsible” pursuant to Article 25.3.A of the Rome Statute “as an alleged indirect co-perpetrator for the crime against humanity of murder.”

She cited murder of “at least 19 persons allegedly drug pushers or thieves killed by members of the Davao death squad in various locations in or around Davao City, Philippines, between 2011 and 2016” and murder of “at least 24 persons allegedly criminals such as drug pushers or thieves or drug users killed by or under the supervision of members of the Philippines Law Enforcement sometimes with the assistance of persons who were not part of the police at various locations in the Philippines between 2016 and 2019.”

The ICC said that there are reasonable grounds to believe that this attack was both widespread and systematic in that it took place over a period of several years and resulted in thousands of deaths. In the arrest warrant, however, the ICC explained, “the Chamber focused on a sample of alleged incidents to facilitate its analysis.”

Duterte was President from June 30, 2016 to June 30, 2022. He served seven terms as mayor of Davao City (1988 to 1998; 2001 to 2010; 2013 to 2016), was OIC Vice Mayor from 1986 to 1987; Representative of the first district of Davao City from 1998 to 2001 and Vice Mayor from 2011 to 2013.

The ICC website adds that in the Confirmation of Charges hearings, the judges, after hearing the Prosecution, the Defense, and the Legal representative of victims, decide “usually within 60 days”  if there is enough evidence for the case to go to trial.

“Once the case is committed to trial, since at that point the charges have been confirmed, the suspect is referred to as the accused,” it said.

Former Executive Secretary Salvador Medialdea as former President Rodrigo Duterte’s counsel during the hearing. Photo courtesy of ICC website

Duterte’s rights

Duterte was given a summary of his rights which are of particular importance at this stage of the proceedings, such as the right to be assisted free of charge by a competent interpreter and benefit from the necessary translations to meet the requirements of fairness. Motoc, however, had noted earlier that Duterte was “at ease in the English language” and that when he was interviewed at the detention center a day earlier, he “did not deem it necessary” to request interpretation into any other language.

Duterte has the right to have the time and facilities necessary to “prepare your defense and to communicate freely and confidentially with the counsel of your choice;” the right to remain silent and “you cannot be forced to testify against yourself or to confess guilt;” the right to “make statements in your defense without taking an oath.”

Duterte was also told that in addition to any other disclosure provided for in the Rome Statute, “the prosecutor must disclose to you, as soon as practicable, evidence in his possession or at his disposal that shows or tends to show your innocence or to mitigate your guilt or that could undermine the credibility of the evidence against you.”

“You have the possibility to make an application for interim release pending trial,” she said.

Duterte was also told that he has “the right to be informed as soon as possible and in detail of the nature, cause and content of the charges in the language that you fully understand and speak.”

Motoc also spoke about the Rules of Procedure and Evidence and noted that the Chamber holds status conferences – organized either ex officio or at the request of the prosecutor or the defense – “to ensure a small exchange of information under satisfactory conditions.”

Motoc also said a set of decisions will be taken in a timely manner to ensure that the proceedings progress smoothly and expeditiously.

She specifically referred to a decision on the arrangements and procedure for the disclosure of evidence, and a decision setting a timetable for the disclosure of evidence in such a way as to ensure orderly and efficient disclosure between the parties.

On the participation of the victims of the alleged crimes against humanity, Motoc said the Chamber “will also issue a decision on the participation of the victims who, according to the Statute of the Court and to the extent permitted by the Chamber, are authorized to present their views and concerns at this stage of the proceedings.”

The Prosecution, Karim Khan, introduced himself and his team at the courtroom — Deputy Prosecutor Mandiaye Niang, trial lawyers Edward Jeremy and Robynne Croft, International Cooperation Adviser Chantal  Daniels, and case manager Grace Goh.

The defense panel of Duterte was represented by Medialdea.

Motoc introduced the two other women judges as Reine Adelaide Sophie Alapini Gansu, the Vice President of the Court, and Maria del Socorro Flores Liera.

In his manifestation at the courtroom, Medialdea referred to the manner in which Duterte was brought to The Hague as “extrajudicial rendition” and “pure and simple kidnapping.”

“Accordingly, I repeat my respectful request, which was rejected this morning, to postpone the substantive aspect of this hearing to the next week when I will have the opportunity to sit with my client and to explain to him what the confirmation hearing is and what the disclosure is and how the prosecution alleges that he committed crimes,” he said.

But Motoc said the motions filed by Medialdea, including the postponement of the hearing, were denied because the aim of the initial appearance hearing is merely to introduce the parties and to ascertain the charges and to set a date for the confirmation of charges hearing at a later stage.

“With regard to your request for another hearing to be held next week, well, your initial request that was, this was not accepted by the court,” Motoc said, adding the initial appearance hearing “does not need much preparation, as I have said to you on a number of occasions.”

Duterte’s health issues

With regard to the health issues of Duterte, Motoc said the Court that subsequent to his arrest and when he arrived at the detention center, “the Court’s doctor was of the opinion that you were fully mentally aware and fit and that you have undergone further checks and tests at the detention facility.”

“And when you broached health matters saying that you were not able to come to the hearing, the doctors who consulted with you were of the opinion that Mr. Duterte was not in a position to come to the hearing physically but that if he gave written permission, he would be able to take part via video link,” she said. (Carolyn O. Arguillas / MindaNews)