Duterte camp plans to question ICC jurisdiction before September hearing

THE HAGUE, Netherlands — The camp of former President Rodrigo Duterte said Saturday they would push for the dismissal of the crimes against humanity charges prior to the International Criminal Court's next hearing on September 23.

In a phone interview with GMA Integrated News on Saturday, former presidential spokesperson Harry Roque said that they intend to highlight the impact of Duterte’s alleged "kidnapping," as well as jurisdictional issues arising from the Philippines’ withdrawal from the ICC.

“May posibilidad na bago dumating ang Setyembre 23, baka madismiss ang kaso,” Roque said.

(There’s a possibility that the case might be dismissed before September 23.)

Roque said that they are still waiting for Duterte’s signature on documents required to officially include him as a legal counsel in the case that stemmed from the Duterte administration's deadly war on drugs.

GMA Integrated News reached out to ICC spokesperson Fadi El Abdallah to verify whether Roque and British lawyer Nicholas Kaufman are already officially part of Duterte’s legal team. However, El Abdallah responded that “information will be announced in due course.”

On Friday, Duterte made his first appearance via video link from the ICC Detention Center.

During the hearing, the Pre-Trial Chamber I confirmed his identity and made sure he was fully informed in a language he speaks and understands about the crimes he is accused of committing and his rights under the ICC's Rome Statute.

The judges then set a hearing on the confirmation of charges.

“Napakahina niya,” Roque said, referring to the 79-year-old Duterte’s current state. “Feeling ko hindi siya tatagal doon sa loob [ng ICC Detention Center].”

(He’s very frail. I feel he won’t last long [in the ICC Detention Center].)

Roque added that Duterte finds it difficult to accept his situation, recalling the former president’s remarks that he would rather die than be judged by a foreign court.

“Yun ang hindi niya matanggap. Sapilitang dinala siya dito, samantalang ang procedure, dapat hinarap muna siya sa lokal na hukuman sa Pilipinas,” Roque said.

(He cannot accept it. He was forcefully brought [into The Hague], while the procedure should have been he was brought to a local Philippine court first.)

During a public speech following Duterte’s first appearance before the ICC, Roque told supporters about his plan to remain in the Netherlands.

“Hindi ako aalis dito sa Netherlands na hindi kasama si Pangulong Duterte,” he said.

(I won’t leave the Netherlands without [former] President Duterte.)

Roque on Duterte camp's plans

Roque is set to meet with members of the Duterte camp, including Vice President Sara Duterte, to finalize the legal team that will represent the former president in his case.

“Mag-aanunsyo na po ang grupo. Bukas po may pagpupulong kami [The group will announce. We will have a meeting tomorrow],” he said in Mariz Umali's report on GMA’s “24 Oras Weekend” on Sunday.

“I have confirmed kung sino ‘yung lead counsel and the only one na na-recognize ng hukuman is si Attorney [Salvador] Bingbong Medialdea,” he added.

(I have confirmed who the lead counsel will be and the only one recognized by the court is Attorney Bingbong Medialdea.)

Roque also said he has spoken with Kaufman, one of the names submitted by the Duterte camp to the ICC to possibly represent him.

“Hindi ko alam kasi hanggang ngayon eh wala pa rin kaming permiso to enter the detention facility. Nagkausap kami ni Attorney Kaufman at nagaantay pa rin kami,” he said.

(I still do not know because until now, we do not have permission to enter the detention facility. I have spoken with Attorney Kaufman, and we are still waiting.)

Roque said the ongoing trial has been expected by the camp for a year now, and they are set to question the ICC’s jurisdiction over the matter.

“Naghahanda na kami ni VP Sara isang taon nang nakakalipas [VP Sara and I have already prepared a year now], and everything that we expected to happen in fact happened, so meron na kaming [we have a] contingency for everything that has happened,” he said.

Roque also said that while Duterte seemed okay healthwise, he may be weak given the condition seen during when he first faced the ICC.

“Sabi naman ni VP Sara, ang tatay niya kasi hindi nagpapatingin sa doktor, pero mukhang namang okay siya. Bagamat alam natin na ‘yung apperance niya sa hukuman eh, ako bilang isang naging spox niya, eh mukhang mahina,” he said.

“Napansin ko rin ‘yung pananalita niya eh nagka-crack ‘yung boses at mukhang hard of hearing din dahil may ilang pagkakataon na pinaulit niya ‘yung tanong,” he added.

(VP Sara said that her father did not see a doctor, but he seemed okay. But we know from his appearance in the court, being one of his previous spokespersons, he seemed weak. I also noticed his speaking, his voice cracked and he seemed to be hard at hearing because there were a few instances that he asked that the question be repeated.)

The rest of the Duterte family are currently processing their visas to fly to The Hague in The Netherlands, in time for Duterte's birthday on March 28.

For his part, lawyer Joel Ruiz Butuyan, one of the five Filipinos accredited by the ICC, said that the prosecution will focus on how killings were systematic and part of policy during Duterte’s war on drugs.

“Widepsread and systematic, ipapakita ‘yun. Magpiprisinta ho sila ng mga sample incidents that will prove na talagang ginawang polisiya ‘yung pagpatay bilang solusyon sa illegal drugs,” he said in the same report.

“‘Yung prosecutor po, ibibigay kay former President Duterte ‘yung ebidensyang gagamitin laban sa kanya sa trials. Malaking pribilehiyo sa kanya, kasi sa atin dito sa Pilipinas, walang ganon. ‘Yung prosecutor napaka-fair ho ‘yung mangyayaring trial,” he added.

(Widespread and systematic, that is what will be shown. They will present sample incidents that will prove that the killings were really made into policy as a solution to illegal drugs.

The prosecutor will submit to former President Duterte the evidence that will be used against him in the trials. This is a big privilege for him because that is not the case in the Philippines. The prosecutor will have a really fair trial.)

Supporters of Duterte, including those who traveled from France, Italy, Germany, and Belgium, have gathered outside the ICC headquarters on Saturday. Dutch authorities confirmed to GMA Integrated News that they had been notified about demonstrations taking place at Laan van Reagan en Gorbatsjov, near The Hague Central Station.

Prayer rallies calling for Duterte's immediate return to the Philippines were also held in Manila and other cities across the country on Saturday.

The ICC has been investigating Duterte and other top officials of his administration for crimes against humanity over the alleged systematic drug war deaths in police operations.

These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings. — with Jon Viktor D. Cabuenas/VBL/BM, GMA Integrated News