MANILA, Philippines — Malacañang has described the International Criminal Court’s (ICC) pre-trial proceedings on former president Rodrigo Duterte’s drug war case as “fair,” saying that justice is now taking its course.
“This is what we call a fair trial,” Palace Press Officer and Presidential Communications Office Undersecretary Claire Castro said in a statement on Saturday, March 15.
“Witnessing the first appearance attended by former president Duterte before the ICC, everybody could see how justice starts to roll down,” she added.
Duterte made his first appearance before the ICC via video link on Friday night (Philippine time), with Presiding Judge Iulia Motoc citing the “long journey involving a considerable time difference” from the Philippines as a factor in allowing his remote participation.
According to Castro, the ICC upheld fairness by rejecting a plea to postpone Duterte’s initial appearance, stating that “there is no need and it is not yet the time for the suspect to present his defenses and evidence.”
“The judge even emphasized that the Court's doctor gave the opinion that FP (former president) Duterte is fully mentally aware and fit and that he had undergone further checks and tests at the detention facility,” she said.
Duterte’s former executive secretary Salvador Medialdea, who attended the hearing in person as legal counsel, said in court that the former chief executive had been "abducted from his country" and transported to The Hague without due process.
"To lawyers, it's extrajudicial rendition. To others, it's simply kidnapping," Medialdea said.
He also said that Duterte was dealing with "debilitating medical issues" and was unable to actively participate in the hearing beyond identifying himself.
During the introductory procedure that lasted less than an hour, Duterte appeared drowsy, frequently closing his eyes for extended periods
But Castro said the ICC Pre-Trial Chamber had affirmed the fairness of the proceedings and confirmed that Duterte was afforded his fundamental rights as a suspect in crimes against humanity, particularly murder.
“It was also confirmed by the Court, based on the report of the registry, that former president Duterte was informed of his rights, including Articles 66 and 67 of the Rome Statute, and that he was aware of the warrant of arrest in the English language,” she said.
The cited articles provide for the presumption of innocence and the rights of the accused.
Motoc also said the court doctor was of the opinion that Duterte was "fully mentally aware and fit."
During the pre-trial, Duterte was informed that he stands accused as “an indirect co-perpetrator” in the killing of 19 alleged “drug pushers or thieves” by the Davao Death Squad between 2011 and 2016, and 24 other alleged criminals between 2016 and 2019 when he was president.
The ICC scheduled the next hearing to confirm Duterte’s charges on September 23.
At the confirming of charges hearing, a suspect has the opportunity to challenge the prosecutor's evidence.
Only after this will the court determine whether to proceed to trial, a process that may take several months or even years.
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