Duterte at ICC: Raps for 43 drug killings

MANILA, Philippines — Former president Rodrigo Duterte faced the International Criminal Court for the first time yesterday, but only by video link, with his counsel accusing the ICC of “gross abuse of process.”

Wearing a gray suit and dark blue tie, Duterte gave his full name to ICC Presiding Judge Iulia Motoc and said he understood the proceedings.

“I am Rodrigo Roa Duterte…

My middle name is Roa, the sur name is Duterte,” he said. “My birthday is March 28, 1945. I was born in the province of Leyte in the Philippines.”

He was informed that he stands accused as “an indirect co-perpetrator” in the killing of 19 alleged “drug pushers or thieves” by the Davao Death Squad between 2011 and 2016, and 24 other alleged criminals between 2016 and 2019 when he was president.

Duterte’s former executive secretary Salvador Medialdea attended the hearing in person as legal counsel.

Medialdea, in a submission to the court, said the manner by which Duterte was brought to the ICC “would be called an extrajudicial rendition.”

Noting that “all this is in the nature of political score settling,” Medialdea said, “my client was abducted from his country.”

The ICC rejected the Duterte camp’s request to postpone to next week the substantive aspects of yesterday’s first hearing, with Motoc explain ing that “this hearing does not require much preparation.”

She also brushed aside the “debilitating medical issues” raised about Duterte, saying an ICC doctor had checked and found the former president to be “fully mentally aware and fit” for the proceedings.

But Motoc allowed Duterte to attend the hearing via video link, saying the 79-year-old former president was tired from his flight to the Nether lands following his arrest in Manila.

Medialdea, in his submission, said Duterte was only belatedly furnished a hard copy of his arrest warrant and was not informed of the charges.

Motoc, however, said “this is an initial hearing,” and Duterte could challenge the ICC’s jurisdiction and matters about his arrest in the period leading up to the “confirmation of charges hearing” – a step before the start of trial.

The start of the confirmation of charges was set on Sept. 23.

Before the confirmation of charges, Duterte may also seek interim relief, which could allow his release from the detention facility, although lawyers said this is granted only under exceptional circumstances and if there is no flight risk for the suspect.

The formal trial, during which Duterte will enter a plea, comes after the confirmation of charges.

“During today’s hearing, no evidence will be collected or presented. And the issues of Mr. Duterte’s guilt or innocence will therefore not be addressed,” Motoc told Medialdea. “This is an initial hearing in order for Mr. Duterte to be aware of his rights and the charges against him. There will be a full procedure that will unfurl… to enable Mr. Duterte to raise all the matters that you have raised.”

The introductory procedure lasted less than half an hour.

Meanwhile, former presidential spokesman Harry Roque surfaced at The Hague yesterday ahead of the initial appearance of Duterte before the ICC.

Roque, who left the Philippines following an arrest order from Congress for contempt, was accompanied by Vice President Sara Duterte and Sen. Robinhood Padilla, an ally of the former president.

A video taken by One News’ Gretchen Ho showed Roque as a member of the ICC’s list of counsels.

“I’m here to confer with my client, Rodrigo Roa Duterte. He does not know that I have arrived at The Hague. He has to be informed,” Roque said.

He confirmed that he will be among Duterte’s lawyers during the proceedings at the ICC.

“I’m in the list counsel of the ICC and we have also retained another member of the list counsel who is British,” he said, referring to Nicholas Kaufman, identified in the ICC’s public list of counsels to be from the United Kingdom and Israel.

“I feel strongly that before the hearing, not only I should be able to have access to him as a list member of the court, but also the family… my priority is for them to meet,” he said, referring to the father and daughter.

Vp Sara in The Hague

Vice President Duterte yesterday arrived at The Hague for the scheduled initial presentation of her father, before the magistrates of the ICC.

In an interview with several reporters and vloggers, Duterte said she and the other defense lawyers, who will be representing the former president, will try to move for the deferment of the initial presentation of her father in order to have ample time to confer with him regarding their legal strategy moving forward.

“Our expectation is that we will be given permission to visit since we are already complying as we speak with all the documents they are asking of us,” she told reporters and supporters.

“And we truly pray and hope that the court will listen for [sic] our request just move the initial appearance so that we can have time to sit down with the former president and discuss what are the ways forward in his case,” she added.

The Vice President also expressed gratitude to Filipinos around the world who have aired their support for her father.

“We saw the peace rallies in the Philippines and in other places abroad. We thank all those praying for us and expressing their support and sentiments,” the Vice President said in Filipino.

“Let us not forget that the problem of the Philippines is not the Dutertes,” she added in Filipino, citing problems such as poverty forcing Filipinos to work abroad.

No travel authority needed for Padilla

Padilla, who was visiting the detained former president in The Hague, did not seek travel authority from the Senate.

Senate President Francis Escudero said he checked with Senate Secretary Renato Bantug Jr. about Padilla’s trip to the ICC headquarters in The Hague.

“If personal travel, no TA is needed sir. Only for official travel,” Bantug’s message to Escudero read.

Bantug explained that under the Senate Policy Order on Foreign Travel, as amended in 2016 by then-Senate president Franklin Drilon, a TA is not required for personal travel.

Baste questions PNP acts

Davao City Mayor Sebastian Duterte questioned the legality of the Philippine National Police (PNP)’s actions, a few days after his father was arrested and brought to the Netherlands to stand trial before the ICC.

“I find the legalities of the actions of the PNP questionable,” Mayor Duterte said to the crowd gathered outside the former president’s residence in Davao City on Thursday night.He clarified that he still respects the police, but not its leadership.

“The problem is I don’t trust the leadership now – the chief PNP and the President,” the mayor said.

Mayor Duterte also appealed for calm after people trooped to the former president’s house when reports spread that a supposed police raid was about to happen.

The PNP denied reports of a supposed raid on the Duterte home. However, the police assigned to secure the subdivision were recalled by the Davao City Police Office after he was taken to The Hague.

The arrest of former president Duterte on orders of the ICC and the Philippines’ reentry to the ICC will have to be tackled by the 20th Congress, Senate Majority Leader Francis Tolentino said yesterday. — Elizabeth Marcelo, Diana Lhyd Suelto, Cecille Suerte Felipe, Jose Rodel Clapano