Duterte camp may ask for interim release during initial appearance at ICC hearing —CenterLaw

The executive director of Center for International Law Philippines (CenterLaw) on Friday said the camp of former President Rodrigo Duterte may request for an interim release during his initial appearance at the International Criminal Court in The Hague, Netherlands.

In an interview on Balitanghali, Gilbert Andres, CenterLaw executive director and one of the five Filipino lawyers accredited by the ICC, said the application for an interim release from Duterte's legal team will be expected during his initial court appearance.

Should Duterte's camp apply for an interim release, the pre-trial chamber will examine if the conditions for the arrest warrant are met.

"So titingnan ng pre-trial chamber na okay, nananatili pa ba ito kahit na nakakulong si Rodrigo Duterte, kahit siya ay naka-detain? At kung nakita nila na nanatili pa rin ‘yun, eh ‘di hindi ibibigay ang interim release kung sa sound discretion ng pre-trial chamber, naisip nila na hindi na ito nag-a-apply. So theoretically makaka-grant ng interim release with conditions or without conditions," he said.

(So the pre-trial chamber will see whether these still remain even though Rodrigo Duterte is already in custody. If they see that it still remains, then the interim release will not be granted if, at the sound discretion of the pre-trial chamber, they think that it no longer applies. So theoretically it can grant an interim release with conditions or without conditions.)

According to the media advisory from the ICC, during the initial appearance hearing, the judges will verify the identity of the suspect and the language which will be used during the proceedings.

Duterte will also be informed of the charges against him and his rights under the Rome Statute.

Andres clarified that Duterte is under the custody of the ICC, and not the Netherlands.

"Technically Mr. Rodrigo Duterte is under the custody of ICC, he is not under the custody of The Netherlands. ‘Yun po ang dapat nating puntiryahin kaya mukhang malabo po ‘yung hospital arrest kung wala naman pong health issue. Kasi tiningnan na po siya eh, si Duterte, tiningnan po siya kasi ‘yun po ang una talagang itine-check ng ICC na talagang nasa mabuting kalagayan po ang isang suspect. Kaya na-check naman po ‘yun kaya mukhang malabo po ang isang hospital arrest," he said.

(Technically Mr. Rodrigo Duterte is under the custody of ICC, he is not under the custody of The Netherlands. That is what should be pointed out, thus a hospital arrest seems impossible if there is no health issue. Duterte has been checked because that is the first thing the ICC really ensures, that a suspect is in good condition. He was examined, so a hospital arrest seems uncertain.)

As regards alleged violations during Duterte's arrest, Andres maintained that his arrest was with "firm legal basis" both under the international law and under the Philippine domestic law, citing Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law.

Section 17 reads: "In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."

The ICC issued a warrant against Duterte for crimes against humanity, paving the way for his arrest last Tuesday at the Ninoy Aquino International Airport.

In the warrant dated March 7, the ICC pre-trial chamber said it found that the Duterte Death Squad (DDS) and Philippine law enforcement personnel under his leadership targeted persons allegedly involved in drug-related criminal activities.

The chamber found Duterte "individually responsible for the crimes against humanity of murder" in connection with the drug war killings.

"Mr Duterte is suspected of murder qualified as a crime against humanity, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019. During this time, Mr Duterte was, at varying times, the President of the Philippines, the Mayor of Davao City, and, allegedly, the head of the Davao Death Squad," the ICC said.

The ICC Pre-Trial Chamber I is composed of Judge Iulia Antoanella Motoc (Presiding judge) and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.

Duterte has designated his former executive secretary Salvador Medialdea as one of his lawyers in the ICC proceedings where he is facing crimes against humanity charges.

Further, Duterte sought assistance from the Office of Public Counsel for the Defence.

"'Yan nga po 'yung kagandahan ng ICC. Kasi talagang intrinsic part po 'yung due process, 'yung right to a fair trial," said Andres.

(That's the beauty of the ICC. Because due process is really an intrinsic part, together with the right to a fair trial).

According to an explainer from the ICC, which was also reported by Ian Cruz on 24 Oras on Friday, the individual set to face trial will be treated as a "suspect" during his or her first appearance, and the judges will make sure "that the suspect understands the charges."

After the first appearance, it may take months before the suspect faces the Confirmation of Charges.

"The Confirmation of Charges hearing normally takes place a few months after the first appearance of the suspect," it added.

During the Confirmation of Charges, both arguments from the prosecution and the defense will be heard, as well as the victims' side.

Should the pre-trial chamber confirm one of the accusations, a trial will proceed and will be transferred to a different chamber with three judges.

"The defendant is no longer considered a suspect, but the accused. On the first day of trial, the accused can make a statement of guilt or innocence," the ICC said. —Jamil Santos/AOL/VBL, GMA Integrated News