ICC decision on Duterte’s interim release won’t affect main case —Atty. Conti

The decision of the International Criminal Court (ICC) on the appeal of former President Rodrigo Duterte for an interim release will only have minimal or no effect on the main case for crimes against humanity, according to a lawyer Friday.

ICC assistant to counsel Atty. Kristina Conti also said she is 99% confident that the ICC Appeals Chamber will deny Duterte’s appeal. 

(On the decision, we are 99% confident that his appeal will not be allowed.)

“Bakit? Sa kasaysayan ng ICC at doon sa parametro, yung parang criteria ng interim release, talagang hindi pasok sa banga ang sinasabi na kagustuhan ni Duterte,” she added.

(Why? Based on the history of the ICC and the parameters, the criteria for interim release, Duterte’s arguments are insufficient.)

She pointed out that the ICC already rejected Duterte’s bid for interim release in October. 

(Why? Based on the history of the ICC and the parameters, the criteria for interim release and Duterte’s arguments are insufficient.)

The ICC Appeals Chamber is set to release its decision this Friday at 5:30 p.m. (Manila time) on whether to grant Duterte’s request for interim release while facing proceedings related to the case.

“Ano't ano man, minimal o wala nga halos yung effect nito doon sa daloy o takbo ng hearing mismo doon sa main case,” Conti told GMA Integrated News’ Unang Balita in an interview.

(Whatever it is, it has minimal or almost no effect on the course of the hearing itself in the main case.)

She noted that the interim release does not mean that Duterte is already exonerated.

“Hindi ito pagpapasawalang-sala sa kanya. Ang interim release ay dahil lang may dahilan para palayain ka to enjoy your liberty because of presumption of innocence,” she said.

(This is not an exoneration of him. The interim release is only because there is a reason to release you to enjoy your liberty because of the presumption of innocence.)

“Pero kung ang tingin ng korte, hindi ka na sisipot voluntarily or kung tingin niya parang mag-interfere ka doon sa proceedings. Abay, hindi ka papayagan. At yun yung nakita na ng free trial chamber,” she added.

(But if the court thinks you are not appearing voluntarily or if it thinks you are interfering in the proceedings, well, you will not be allowed. And that is what the free trial chamber has already seen.)

If approved

According to Conti, if the Appeals Chamber approves Duterte’s interim release, strict conditions will be in place including on communications and movements. 

“Kung aprubahan yan, ang kanilang aaprubahan ay isang set of conditions and parameters of interim release. So, nandyan ang sino ang pwedeng makausap? Dapat restricted din same as kung ano ang nangyayari sa kanya sa loob na yun. Both phone calls and actual visitors,” Conti said.

(If that is approved, what they will approve is a set of conditions and parameters of interim release. So, who can he talk to? It should also be restricted, just like what is happening to him inside. Both phone calls and actual visitors.)

“Limitado ang kanyang paggalaw, saan siya pwedeng makapunta at kung ano pang iba. At ang ito ay ibibilin sa host country,”” she added.

(His movements are limited, including where he can go and what else. And this will be left to the host country.)

Conti noted that the possible interim release does not mean that Duterte is already freed, as the similar restrictions will be imposed as when he was under ICC’s detention in the Hague. 

“Malinaw dito na ang kanyang interim release ay hindi kumbaga bastang laya. Kailangan kung ano pa rin ang restrictions na medyo halos katulad ng doon sa ICC, ganun din,” she said.

(It is clear here that his interim release is not just freedom. There still needs to be some restrictions that are almost similar to those at the ICC, just the same.)

Conti said the ICC is considering the security risks to victims, witnesses, and even the accused. 

For Conti, she is certain that the host country will not be the Philippines as Duterte’s defense team did not propose such a move. 

“Hindi nila binanggit kung anong bansa pero medyo sigurado ako na hindi ito Pilipinas dahil mismong defense ang nagsabi yung bansa na ino-offer nila, malayo naman ito sa geographic location of the crimes,” she said.

(They didn’t mention which country but I’m pretty sure it’s not the Philippines because the defense itself said the country they were offering was far from the geographic location of the crimes.)

“Saan ba nangyari yung kaganapan kundi sa Pilipinas. So third country naman ito talaga. Maski defense, hindi inalok na sa Pilipinas makauwi. Yun ang tingin ko,” she added.

(Where else did the incident happen but in the Philippines. So it’s really a third country. Even the defense didn’t suggest the Philippines. That’s what I think.)

 

 

Can victims appeal?

While there is no motion for reconsideration in the concept of the ICC, Conti that there is still a chance for the filing of such an appeal.

“Yung ICC, wala sa kanilang konsepto yung motion for reconsideration. Sa atin kasi may paisa na pwedeng MR doon sa Korte. Ito na yung pinaka-Supreme Court nila,” she said.

(The ICC, they don’t have a motion for reconsideration in their concept. In our case, there is only one chance for an MR in the Court. This is already their Supreme Court.)

“Palagay ko naman, although wala silang rules, hindi naman nila nire-reject agad-agad yung mga MR. May chance pa na puwedeng mag-MR,” she added.

(I think that, although they don’t have rules, they don’t reject MRs right away. There is still a chance that there can be an MR.)

The next steps can be discussed with the Office of the Public Counsel for Victims, according to Conti.

“Pag-uusapan namin ito doon sa kasalukuyang parang may tumatayo kasi for victims ngayon kasi doon, kasalukuyang representative, yung Office of the Public Counsel for Victims. Pag-uusapan namin sa kanila kung ano ba yung best recourse,” she said.

(We will discuss this with the current representative, the Office of the Public Counsel for Victims, who is currently standing up for victims. We will discuss with them what the best recourse is.)

If Duterte’s appeal for an interim release is denied, Conti said the status quo remains and the former president will continue to be held under ICC’s detention.

Aside from the appeal for interim release, Conti also noted other issues in the case including the appeal challenging the ICC jurisdiction as well as whether Duterte is fit to stand trial.

“Sa main case, may dalawang bagay na kumbaga makakaapekto. Una, yung tanong na may kapangyarihan ba yung ICC? Sabi ng pre-trial chamber, may kapangyarihan kami,” she said.

(In the main case, there are two things that will probably affect it. First, the question of whether the ICC has jurisdiction. The pre-trial chamber said we have power.)

“Naka-appela na rin yan sa Appeals Chamber na parang Supreme Court ngayon. Wala pang pagpapasya. Yan ang posibleng i-announce ulit o magkaroon ng parang katulad ng ganito na reading of or delivering of the decision,” she added.

(It has already been appealed to the Appeals Chamber, which is like the Supreme Court now. There is no decision yet. That is what could possibly be announced again or have something similar to this, a reading of or delivering of the decision.)

According to Conti, the report on whether Duterte is fit for trial is on December 5.

“Pangalawa, sinabi niya na hindi ako okay. I am not fit to stand trial. Nasa pre-trial chamber pa yan. Unfortunately, dahil na rin sa due diligence ng defense, may nasilip na isang expert na hindi naman okay dahil suspendido sa home country niya. Medyo na-delay ‘yan,” she said.

(Second, he said that I am not okay. I am not fit to stand trial. It is still in the pre-trial chamber. Unfortunately, due to the defense's due diligence, an expert was found to be not okay because he was suspended in his home country. That was slightly delayed.)

“December 5 ang deadline ng reports ng experts patungkol sa fitness to stand trial ni Duterte. December 12 pa, may deadline pa yung parties, kasi independent ito, pwede pang mag-comment yung prosecution, defense, victims. Kaya walang linaw tungkol sa fitness stand trial this year,” she added.

(December 5 is the deadline for the experts' reports regarding Duterte's fitness to stand trial. December 12 is the deadline for the parties, because it is independent, the prosecution, defense, victims can still comment. That's why there is no clarity regarding the fitness to stand trial this year.)

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 many as 30,000, including vigilante killings. —Joviland Rita/ VAL, GMA Integrated News