ICC prosecution, victims' counsel urge Duterte's continued detention

The International Criminal Court (ICC) Prosecution and the victims’ counsel on Friday urged the continued detention of former President Rodrigo Duterte amid his crimes against humanity case, citing the waiving of his rights to attend the pre-trial proceedings.

At the first annual review of the former president's detention, ICC Prosecutor and Senior Trial Lawyer Julian Nicholls pointed out that Duterte, in waiving his right to attend his four-day confirmation of charges hearings, said he did not recognize the jurisdiction of the ICC.

“He said he was forcibly pushed into a jet and renditioned to The Hague. He refers to his arrest as a kidnapping, none of which sounds as though those were the words of a person who would return voluntarily to the court,” Nicholls said.

Nicholls said that Duterte’s legal team previously said he would follow the proceedings through livestreaming.

“However, for this hearing, even though he has been granted a waiver, he doesn’t even want to follow from here. So that means if he was granted interim release… and order him to attend, it would be very difficult to make that happen,” he said.

Duterte’s counsel, Nicholas Kaufman, said the defense will not oppose Duterte’s continued detention as it is still waiting for the judgement of the Appeals Chamber.

In early February, Duterte’s team submitted an appeal on the ruling of the Pre-Trial Chamber 1 on the pre-detention of the former Philippine leader and sought his immediate release.

Victims’ lawyer Joel Butuyan said Duterte clearly demonstrated that he will abscond from the court’s jurisdiction if he is released.

Butuyan also informed the Pre-Trial Chamber I that more than 160,000 of Duterte’s supporters called on the SC to issue a writ of habeas corpus for the former official’s return to the country.

“This show of support proves the stark reality that if Mr. Duterte is released from detention, there is a huge risk that his supporters will find ways and means to facilitate his return to the Philippines in order to free him from this court’s jurisdiction,’ he said.

Aside from this, Butuyan noted that Duterte’s children have filed separate submissions before the Supreme Court, arguing that their consolidated petition seeking the release of their father from the ICC is not moot.

Butuyan said that the new developments support Duterte's continued detention.

He further argued that the prior findings that supported the 80-year-old's continued detention remain “valid and undisturbed.”

“The victims have articulated concerns about renewed instability and intimidation to their communities, particularly because of the holding of the confirmation of charges hearings,” he said.

“Therefore, we cannot stress enough the duty of the chamber to not only safeguard the rights of the suspects but also to ensure the integrity of the proceedings in the protection of victims and witnesses,” he added.

Meanwhile, in a statement, the ICC said that the confirmation of charges hearing on Duterte’s case had concluded before the Pre-Trial Chamber I.

The hearings were held for four days from February 23 to February 27.

“The ICC Judges will now start their deliberations and will deliver their decision within 60 calendar days after the end of the hearing,” the ICC said.

It said the Chamber may confirm the charges and commit Duterte to trial before a different chamber, decline to confirm the charges and to stop the proceedings, or to adjourn the hearing and request the prosecutor to provide further evidence, to conduct further investigations, or to amend any charge.

The ICC said the defense and the prosecutor may request authorization from the Pre-Trial Chamber I to appeal the decision. –NB, GMA Integrated News