ICC review: Duterte stays detained in The Hague

The International Criminal Court (ICC) on Monday ruled that former President Rodrigo Duterte will remain detained at the ICC Detention Center in Scheveningen as there are “no changed or new circumstances” that warrant a modification of its prior decision on Duterte’s detention.

In a 14-page decision dated January 26, the ICC Pre-Trial Chamber I remanded the 80-year-old Duterte in detention after conducting a review of its previous ruling on his detention in The Hague.

Under the Rome Statute, the ICC must periodically review its ruling on the detention of a suspect at least every 120 days and determine if there are changes in circumstances that would no longer warrant a suspect’s detention.

After conducting its review, the ICC Pre-Trial Chamber I found that “there are still reasonable grounds to believe” that the former President’s continued detention is justified.

“The Chamber further finds that there are no changed or new circumstances requiring the Chamber to modify its prior ruling on the existence of the risks,” the decision said, adding that these risks “cannot be sufficiently mitigated” by the imposition of the conditions set by the defense.

The ICC noted that in its decision on Duterte’s interim release, it found “reasonable grounds to believe” that the former President is “responsible for crimes against humanity of murder committed in the Philippines.”

“The Chamber is not aware of any new or changed circumstances in that regard, and the Defence has not contested this point. Therefore, the above finding remains valid,” it said.

In addition, the ICC believed that Duterte “continues to pose a flight risk and that his detention is necessary to ensure his presence for the purposes of these proceedings.”

The court said it is not aware of any changed or new circumstance that may warrant the modification of its findings that Duterte and his associates’ history “shows that he is able and has means, either directly or through his associates, to obstruct proceedings against him” and that he has a “strong incentive” to influence the prosecution’s witnesses before the start of the trial.

“In light of the above, the Chamber finds that the detention of Mr. Duterte continues to be justified in order to ensure that the suspect does not obstruct or endanger the investigation or the Court’s proceedings,” the ICC.

As to the risk of Duterte continuing to commit crimes within the ICC’s jurisdiction, the Pre-Trial Chamber I said it is not aware of any change in circumstances that would require a change in its findings, given his previous statement that he would “double the killings” should he be elected as Davao City mayor.

“Accordingly, the Chamber finds that the detention of Mr. Duterte continues to be justified in order to prevent the commission of crimes within the jurisdiction of the Court,” it added.

Meanwhile, the ICC noted the defense’s submission of a new letter from a state party that reiterated its willingness to receive Duterte on its territory, but said the defense’s offer to “supply a ‘privately funded alternative’ is misplaced and inappropriate.”

“This is because a privately funded mechanism inherently lacks the necessary guarantees of independence, reliability and enforceability that a State can provide. Such offer also undermines the equality before the law, in that it promotes a system in which compliance with judicially imposed conditions depends on the suspect’s access to financial resources rather than on objective legal criteria,” the court said, adding that it does not “deem it necessary to further consider the other proposed conditions for the release to the relevant state party.”

As to Duterte’s medical condition, the chamber noted the defense’s argument that the former President’s cognitive condition is a new fact that must be considered in reviewing his detention.

However, the ICC pointed out that Duterte’s legal team “does not allege any changes in the circumstances that led the chamber to find that Mr. Duterte’s detention is required.”

The court said it considered the reports of the three-member panel of experts as a “new fact” as to Duterte’s health condition, but did not rely on the medical report submitted by the defense to preserve the fairness of the proceedings.

It added that the defense’s remaining submissions “merely repeat arguments already advanced in a separate litigation” regarding Duterte’s fitness to participate in the pre-trial proceedings, which the Pre-Trial Chamber I addressed in a separate 25-page decision, along with the expert panel’s findings on Duterte’s cognitive capacity to stand trial.

“The Chamber is of the view that the Panel’s Reports, and the information contained therein, do not therefore amount to a changed or new fact or circumstance that would warrant modifying the Interim Release Decision,” the ICC said.

Earlier in the day, the same chamber said the former President was fit to take part in the pre-trial proceedings in the crimes against humanity charges in relation to his war on illegal drugs during his term as Chief Executive and as mayor of Davao City.

The ICC also denied Duterte’s request for indefinite adjournment. — JMA, GMA Integrated News