FORMER president Rodrigo “Rody” Duterte is expected to be presented before a local court in The Netherlands upon his arrival in the European country before he is brought directly to the International Criminal Court (ICC) to face the allegations of crime against humanity that had been filed against him in connection with his war on illegal drugs campaign.
Communications Undersecretary and Palace Press Officer Claire Castro, in a briefing in Malacañang, yesterday said the process is part of the ICC procedure in cases involving the arrest of persons charged before it.
Castro also said the process is aimed at ensuring and determining that Duterte’s arrest in the Philippines was proper and legal.
“Sa aking pagkakaalam, dadalhin muna sa isang local court at doon titingnan, aalamin kung tama ba iyong proseso ng pag-arrest. At kapag po na-validate na, sinabi naman na tama ang pagkakadala sa kanya sa bansa kung saan siya dadalhin, dadalhin na po siya sa The Hague (From what I know, he will be presented before a local court [in the Netherlands] to determine if the process of his arrest was correct, and once it is validated that it was correct, he will then be brought to The Hague),” she said.
In the ICC website, a person who has been arrested and is awaiting trial will be detained in its Detention Centre, which is located within a Dutch prison complex in Scheveningen and overseen by the ICC Registrar, which is tasked to “ensure the mental, physical and spiritual welfare of the detained persons within an efficient system of detention, with consideration to their cultural diversity and their development as individuals.”
A detained person is given access to fresh air, recreational time, sports activities, and access to library books, news, television and computer facilities to work on their own cases.
Each room has a bed, desk, toilet and computer. While prepared food is served, detainees have access to a kitchen to prepare their own meals according to their taste and cultural requirements.
The detained person is also entitled to a visit from the spouse and the rest of his or her family, as well as from a religious or spiritual minister or advisor.
Castro said if found guilty of crimes against humanity, Duterte may face 30 years of imprisonment or life imprisonment.
She acknowledged Duterte’s old age, who is currently 79 and will turn 80 years-old by the end of March, and said it would be up to the ICC to decide on his sentence.
A warrant for Duterte’s arrest was received by Interpol Manila on early morning of Tuesday. It was served on the former president upon his arrival from Hong Kong.
The elderly Duterte was taken into custody by Philippine authorities and held at the Villamor Airbase before he was flown out of the country at past 11 p.m. on Tuesday night.
PROPER AND CORRECT
President Ferdinand Marcos Jr. has said that Manila complied with its obligations to Interpol when it assisted in the serving of the warrant and detention of Duterte.
The President said the arrest was done properly and correctly, wherein “every single necessary procedure” was followed.
The Department of Justice (DOJ) yesterday said the arrest of the former president strictly adhered to domestic and international legal procedures and that protocols were followed to ensure due process and respect for his rights.
In a statement, the DOJ said the execution of the arrest warrant from the ICC, which was received by the Philippine Center for Transnational Crime from the International Criminal Police Organization, followed established protocols to ensure due process and the protection of Duterte’s rights.
“The warrant of arrest was issued by the Pre-Trial Chamber of the ICC for the crime against humanity of murder under Article 7(1)(a), in relation to Article 25(3)(a), of the Rome Statute. Despite the Philippines’ withdrawal from the ICC in 2019, the country remains a member state of Interpol,” it said, echoing Marcos’ statement on the issue
“In addition, the arrest was carried out by Filipino law enforcement agents as a matter of comity and mutual cooperation in the international community,” it added.
The DOJ said Interpol has played a crucial role in many cases pursued by the government involving subjects who have fled the country in attempts to evade accountability.
“It is through Interpol that we are able to solve crime on a global scale – a trend that the Philippines has fallen victim to in many ways. Thus, cooperation with Interpol is imperative,” it stressed.
Marcos has earlier cited the case of dismissed Bamban, Tarlac mayor Alice Guo and former Negros Oriental Rep. Arnolfo Teves as among the high-profile case where Manila sought the assistance of the Interpol.
It added that DOJ prosecutors were also on hand when the ICC warrant was served to Duterte to observe the process and attest to its legality, ensuring that the arrest complied with both local and international standards.
“Interpol Manila, PCTC and the PNP Criminal Investigation and Detection Group ensured that the operation proceeded with minimal disruption, while law enforcement authorities formally informed Duterte of his rights and the nature of the charges against him in accordance with Article 59 of the Rome Statute,” the DOJ said, adding that due courtesy and consideration were accorded to the former president and his entourage in the course of the implementation.
Lastly, the DOJ said under Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, the country may surrender suspected or accused persons in the Philippines to the appropriate international court for crimes punished by the said law, including crimes against humanity, for which Duterte was charged before the ICC.
Castro said it was the prerogative of the Philippine government to comply with its commitments with the Interpol, following a statement from University of St. La Salle Bacolod College of Law Dean Ralph Sarmiento that the decision to cooperate with the ICC ‘’remains discretionary under Philippine law.’’
‘’Very clear, it’s the prerogative of the government so if it is the prerogative of the government to comply with the commitment with the Interpol, so that’s it,’’ she said.
She said what happened was “the surrendering of a Filipino citizen who is accused of crimes against humanity, specifically murder.”
“So we have to comply with the law and give justice, either to the victims or to the accused. If the accused can say, ‘I am not guilty, I can defend myself’ then go on. It’s also justice for him, that’s due process. But if he is guilty, then we should also give justice to the victims,’’ she added.
Former Sen. Panfilo Lacson, a candidate of the Alyansa senatorial slate, said the government has to ensure that the former president will be afforded the support he needs being a Filipino citizen.
“More than being a former president of our country, former president Rodrigo R. Duterte is a Filipino who will face trial before an international court,” said Lacson.
“Our government must not lose sight of its obligation, as a matter of policy, to extend support to all Filipinos, as we consistently do, even to those already convicted and facing executions beyond our jurisdiction,” he added.
Meanwhile, the ICC Pre-Trial Chamber 1, which issued the warrant on Duterte, said in a brief statement that “once a suspect is in ICC custody, an initial appearance hearing will be scheduled.”
“Further information will be communicated in due course,” it added.
Castro, during her briefing in Malacañang before noon, said the plane carrying Duterte arrived in Dubai for a layover on Wednesday morning. It was expected to proceed and arrive at Rotterdam also on Wednesday.
Photos and videos were uploaded in the Facebook account of Sen. Christopher “Bong” Go which included one where Duterte was talking with former executive secretary Salvador Medialdea inside the plane. – With Ashzel Hachero and Wendell Vigilia
Another showed the former president eating his lunch inside the plane during the layover in Dubai. He was served rice and chicken and the video showed him asking if there was soda available but he was informed that there was only juice.
As this developed, Castro said there are no discussions about the Philippines rejoining the ICC at present.
The Philippines withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after The Hague-based tribunal began a probe into the Duterte administration’s drug war.
