ICC prohibits trials without suspect's presence if charges are confirmed

The International Criminal Court does not allow trials to be done in the absence of the accused, should the charges be confirmed, a spokesperson for the ICC said on Friday.

This developed after the ICC Pre-Trial Chamber 1 granted the request of former President Rodrigo Duterte to waive his right to attend the confirmation of charges hearings next week.

"Should the charges be confirmed, the ICC does not permit trials to take place in the absence of the accused. Under Article 63(1) of the Rome Statute, the accused shall be present during the trial," ICC spokesperson Oriane Maillet said.

Maillet explained the ICC Pre-Chamber 1's decision to grant Duterte's request to skip the proceedings.

"In accordance with article 61, paragraph 2 (a), of the Rome Statute and Rule 124 of the Rules of Proceedings and Evidence, the Pre-Trial Chamber may hold a hearing in the absence of the suspect when the person has waived his right to be present," Maillet said.

"The Chamber assessed that the information included in the Request, signed by Mr. Duterte, is sufficient to fulfil the requirements provided for in such provisions," she added.

"In particular, the Chamber noted that Mr. Duterte stated that he understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been thoroughly explained to him by his Counsel," Maillet said.

"Moreover, the Chamber considers that, in the presentcircumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr. Duterte," she added.

Maillet said, "Note that the suspect's absence next week is based on the waiver of the suspect, not on reasons related to the health."

Maillet stressed that the Pre-Trial Chamber I previously found that Duterte was fit to take part in the pre-trial proceedings.

She said that under Article 61, Paragraph 2(a) of the Rome Statute and Rule 124 of the Rules of Proceedings and Evidence, the Pre-Trial Chamber may hold a hearing in the absence of a suspect when he has waived his right to be present.

"The Chamber assessed that the information included in the Request, signed by Mr. Duterte, is sufficient to fulfill the requirements provided for in such provisions," Maillet said.

"In particular, the Chamber noted that Mr. Duterte stated that he understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been thoroughly explained to him by his Counsel," she added. –NB, GMA Integrated News