ASEANEWS HEADLINE-COURTS & CRIME | MANILA, Philippines/ROTTERDAM, Netherlands: Headline: ICC takes custody of Duterte
Protesters holding Filipino flags and a banner in support of former president Rodrigo Duterte gather outside The Hague Penitentiary Institution, which houses the ICC’s detention center in Scheveningen on March 12./ AFP
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Rodrigo Duterte Trial LIVE: Ex-Philippine President Duterte In ICC Custody |Drug War |ICC Court LIVE
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ICC takes custody of Duterte | ANC
Duterte accepts responsibility for drug war
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Duterte admits responsibility as ICC takes him into custody | ANC
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MANILA, Philippines — The International Criminal Court (ICC) has formally taken custody of former president Rodrigo Duterte as it prepared to schedule a hearing “in due course” for his initial appearance.
“During this hearing, the Chamber will confirm the identity of the suspect and the language in which Mr. Duterte is able to follow the proceedings,” the ICC said in a statement issued in English, Filipino and Cebuano.
Hours after his arrest at the Ninoy Aquino International Airport Terminal 3, Duterte was moved to the Villamor Air Base where he was made to board a chartered flight to the Netherlands.
The ICC, in its statement, confirmed that Duterte was surrendered by Philippine authorities to its custody following his arrest, based on an arrest warrant issued by the international tribunal.
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“The Chamber will also satisfy itself that Mr. Duterte has been informed of the crime which he is alleged to have committed, and of his rights under the Rome Statute, which is the Court’s founding treaty,” the ICC added.
The chartered plane carrying Duterte arrived in Rotterdam, Netherlands shortly before midnight Wednesday (Manila time).
He was turned over by Philippine law enforcement escorts to the Judicial Cooperation Unit of the ICC’s Office of Registry.
The former president appeared calm after his arrival in the Netherlands. “I told the police and military that they just do their job and I will take the responsibility. This is it,” he said in a video message to reporters. “I promised to protect you. I will. I will take the responsibility for everything,” Duterte added.
“This will be a long legal proceeding, but I say to you, I will continue to serve the country. So if this will be my destiny.”
His daughter Vice President Sara Duterte arrived in Amsterdam early yesterday morning (Philippine time) to assist her father.
Osvaldo Zavala, ICC Registrar, expressed gratitude to Philippine authorities “for their commitment to upholding international accountability mechanisms.”
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Important development
In a separate statement, ICC prosecutor Karim Khan described Duterte’s arrest as an “important development” in his office’s pursuit of accountability for alleged crimes committed in the context of the so-called “war on drugs” campaign.
“This is a crucial step in our continuous work to ensure accountability for the victims of the most serious crimes under ICC jurisdiction. The Office is now commencing preparations towards the initial appearance and subsequent judicial proceedings before the Court,” he said.
Khan expressed gratitude to victims, survivors, witnesses and activists who stepped forward to cooperate with the investigation.
“Their strength, courage and perseverance make these significant developments possible. Those who wish to further cooperate or who have relevant information are encouraged to do so via the Office’s Witness Appeal portal,” he added.
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The ICC prosecutor also expressed hope for further engagement with Philippine authorities “on potential avenues of cooperation,” noting that its investigation is still ongoing.
He said they will also “rely on the partnership of national authorities, regional and international organizations, civil society and the communities affected by Rome Statute crimes.”
The investigation covers alleged crimes against humanity committed in the Philippines from Nov. 1, 2011 to March 16, 2019, the period when the country was officially a signatory to the Rome Statute, the treaty that established the tribunal.
Aside from the previous administration’s drug war, the ICC is also looking at the supposed crimes committed by the so-called Davao Death Squad before Duterte became president.
“Concerning Mr. Duterte’s alleged role as the head of the DDS and subsequently as the president of the Philippines, the (ICC Pre-Trial) Chamber found reasonable grounds to believe that he, jointly with and through other persons, agreed to kill individuals they identified as suspected criminals or persons having criminal propensities, including but not limited to drug offenders, initially in Davao and subsequently throughout the country,” the international tribunal said.
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Trial to last years
In an interview with “Storycon” on One News, Law school Dean Ralph Sarmiento said the trial of Duterte is likely to last from two to eight years. He also stressed Duterte would not be entitled to bail.
Sarmiento also said Duterte has a slim chance of getting an “interim release” from the ICC as provided for under Article 59 of the Rome Statute because the tribunal had already placed him under custody.
Upon his arrival in the Netherlands, Duterte was provided consular assistance before he was turned over to the ICC.
In preparation for the winter season, the embassy prepared and delivered winter clothing, change of clothes and care packages to Duterte.
The Netherlands’ Immigration Authorities granted his escorts, including a nurse and aide, two-day visas to enable them to rest and recover for their return flight.
Former executive secretary Salvador Medialdea was issued a 15-day visa as counsel for the former president and was granted permission to visit Duterte yesterday at the ICC Detention Center in Scheveningen, The Hague.
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More witnesses
With Duterte now under custody, more witnesses are expected to come forward to testify against him before the ICC, leaders of the House of Representatives said.
“That is for sure. Many people who want to testify will now come forward. Some got the courage to come out, while others are now bothered by their conscience,” House Deputy Majority Leader and La Union Rep. Paolo Ortega V said.
“This is a story of justice and all stories have ending. We have to finish this story and therefore, the main characters here and those who should get justice are the victims and their families,” Ortega said.
For his part, House Assistant Majority Leader Jil Bongalon noted that past efforts to investigate the Duterte administration’s bloody drug war were limited, leaving many victims with no avenue to seek justice.
“If we really observe what happened during the past administration, there was no thorough and comprehensive investigation about the EJK,” Bongalon said.
“So, with this development, I guess people will have courage to testify and speak what they know about this bloody war on drugs, especially on the part of the victims, the families of the victims probably. I expect that people will come out and speak their grievances,” Bongalon said.
House Assistant Majority Leader and Tingog party-list Rep. Jude Acidre emphasized that Duterte’s arrest was not political persecution but a step toward accountability.
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“I want the people to know that in this case, we are not pressuring former president Duterte. The people are charging him for his debt,” Acidre said.
Meanwhile, in an interview with Rappler, Interior and Local Government Secretary Jonvic Remulla said President Marcos felt Dutertes’s arrest was no reason to celebrate.
“Nobody should be happy. There is no reason to celebrate,” Remulla quoted Marcos as saying while Duterte was being arrested.
“I felt a sense of maybe a past trauma in him, of what happened in 1986. And he knows that the country is in for something bigger than that arrest; he knows that the conversation will shift in this country,” he added, noting that Marcos anticipates complicated political ramifications of the arrest.
“He knows that this action has further consequences,” Remulla noted. “It is not purely for political gain. It makes the water very turbulent going down the road, but it is something he had to do as president,” he said.
Duterte, according to Remulla, was calm and composed, walking out of the airplane on his own after being informed of his rights during the arrest, which was carried out without resistance.
Reports of a dramatic exchange on the tarmac were dismissed as a minor commotion, with no physical altercation taking place. – Jose Rodel Clapano, Delon Porcalla, Diana Lhyd Suelto, Christine Boton, Pia Lee Brago, Neil Jayson Servallos, Evelyn Macairan, Marc Jayson Cayabyab
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