Rodrigo Duterte arrested: What’s next?

Former President Rodrigo Duterte was arrested on Tuesday morning following the issuance of an arrest warrant against him by the International Criminal Court (ICC). Lawyers and complainants, however, believe this is only the start of a long legal battle before the international tribunal.

What happens now?

Following his arrest, Duterte was brought to the Villamor Air Base in Pasay City.

According to the ICC, an arrested individual must be brought promptly before the competent judicial authority in the custodial state, which determines whether the warrant is indeed for the arrested individual, whether he was arrested consistently with due process, and whether his rights were respected.

The ICC said that once an order for surrender is issued, the arrested individual is delivered to the Court and detained at the Detention Center in The Hague, Netherlands.

Following this, the Pre-Trial Chamber will hold a hearing to confirm the identity of the suspect, ensure that the suspect understands the charges, and set a date to begin the confirmation of charges hearing.

According to the ICC, all detainees are entitled to apply for interim release pending trial.

"In the event of rejection, the decision is periodically reviewed by the competent chamber, at least every 120 days, and may be reviewed at any time at the request of the detained person or the Prosecution," it said.

At the close of the confirmation hearing, it said the Pre-Trial Chamber may:

• Decline to confirm the charges; such a decision does not prevent the Prosecution from presenting a subsequent request for confirmation of the charges on the basis of additional evidence;
• Adjourn the hearing and request the Prosecution to consider providing further evidence or conducting further investigation, or amending the charges;
• Confirm the charges and commit the case for trial; upon confirmation, the Presidency of the Court constitutes a Trial Chamber responsible for the subsequent phase of the proceedings: the trial.

“After the confirmation of charges, the Pre-Trial Chamber commits the case for trial before a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial,” it said.

The trial will take place in The Hague, unless otherwise decided.

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The ICC said the accused must be present and the trial must be held in public, except when the Chambers decide otherwise in order to protect the safety of victims and witnesses or sensitive information.

The accused may then make an admission of guilt or plead not guilty.

If the accused pleads guilty, the Trial Chamber will consider the admission together with any additional evidence and may convict the accused.

However, if it is not satisfied, the Trial Chamber may consider the admission of guilt as not having been made and the trial will continue under ordinary procedures.

The trial will then take place, where the parties may submit evidence.

According to the international tribunal, the promulgation of the sentence will be made in public and if possible, in the presence of the accused, victims, or their legal representatives.

Lawyer Kristina Conti, ICC assistant to counsel and the representative of the families of drug war victims, said that the average period of trial in the ICC is eight years while the shortest trial period was two years. 

“Depende din ‘yan kung gaano ka litigious o gaano ka iko-contest ng Duterte camp ‘yung mga charges sa kanya,” she said in an interview on Balitanghali.

(It also depends on how litigious or how much the Duterte camp will contest the charges against him.)

The International Criminal Court in The Hague, The Netherlands. File photo

Penalties

The ICC cannot impose the death penalty, but the judges may impose a prison sentence, "to which may be added a fine or forfeiture of the proceeds, property and assets derived directly or indirectly from the crime committed," the court said.

“The maximum sentence is 30 years. However, in extreme cases, the Court may impose a term of life imprisonment,” it added.

According to the tribunal, the sentence will be served in the state designated by the Court from a list of states that have indicated their willingness to accept sentenced individuals.

Appeals

The tribunal also said that the judgement may be appealed by the parties.

It said the Appeals Chamber may reverse or amend the decision or order a new trial before a different Trial Chamber. It may also remand a factual issue to the original Trial Chamber.

In 2017, former Magdalo party-list Representative Gary Alejano and former Senator Antonio Trillanes IV filed a communication to the ICC that adopted and supplemented an earlier complaint filed by Jude Sabio, lawyer for confessed hitman Edgar Matobato.

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In 2018, activists and families of eight victims of the drug war filed a complaint against Duterte for alleged crimes against humanity.

However, hours following the arrest, Duterte and Senator Ronald Dela Rosa filed a petition before the High Court asking for his release.

They asked the Supreme Court (SC) for the issuance of a temporary restraining order (TRO) prohibiting the government from cooperating with the ICC on its investigation on the Duterte administration’s drug war as well as in assisting the tribunal from enforcing arrest warrants, summons, or requests.

They also asked for the TRO to prohibit the government from coordinating and providing assistance to the International Criminal Police Organization (Interpol) or any foreign law agency regarding the execution of warrants.

The SC however didn't issue a TRO and released on March 14 a copy of its notice denying the immediate TRO on the arrest of Duterte over charges of crimes against humanity before the ICC. — BM/VBL, GMA Integrated News