Former Philippine President Rodrigo Duterte failed to attend in person the International Criminal Court (ICC) hearing on Friday, where he faces crimes against humanity charges over his war on drugs. The 79-year-old, appearing via videolink, was informed of the allegations and his rights as a defendant.
Looking frail in a blue suit and tie, he confirmed his identity before Presiding Judge Iulia Motoc, who excused his absence due to the long flight to The Hague. The next hearing, set for September 23, will determine if prosecutors have “substantial grounds” to proceed to trial.
“Example nito siguro mga dokumento na nagpapakitang may polisiya talaga ng pagpatay under sa war on drugs, kagaya po ng word na ‘neutralization’ na na-cite din po sa arrest warrant, at mga orders sa pulisya at sa iba pang tao na gawin yung EJKs,” said Gilbert Andres, a lawyer for drug war victims.
“Puwede naman pong verbal [ang ebidenya]… The president is a different kind of public officer kasi whatever the president says, that is policy for the state,” he added.
Prosecutors allege that Duterte’s drug war was a “widespread and systematic attack” targeting civilians, with “potentially tens of thousands of killings” mostly affecting poor communities.
“We’re presuming this will go to trial and mukhang confident tayo na mapunta siya sa trial,” Andres said.
Legal experts note Duterte may seek interim release, citing health concerns.
“May laban pero kailangang ipakita na sa Pilipinas lang siya gagaling… Pero maraming ospital sa The Hague at babayaran ng ICC ang pangangailangan niya, even for specialist care kung kailangan talaga niya,” said Kristina Conti of the National Union of Peoples’ Lawyers.
“Kung kaya niyang kumbinsihin ang korte na sa Pilipinas ang pinakamainam na lugar para sa kanya, walang security threat sa kanya o kaya sa mga prosecution witnesses, walang magiging problema at makakabalik siya sa The Hague kapag mayroong schedule, papayagan siguro,” she added.
However, Conti noted that his release is unlikely due to flight risk concerns and his political influence. Duterte could also challenge the ICC’s jurisdiction before the September hearing.
“Karapatan niya ito and of course, inaasahan namin na kukwestyunin niya lahat yan bago ang September. Dapat areglado na lahat ‘yan… bago ang confirmation of charges,” Conti said.
During the hearing, Duterte’s lawyer Salvador Medialdea claimed his client was “abducted from his country” and “summarily transported to The Hague”, calling it “pure and simple kidnapping.” He also cited Duterte’s “debilitating medical issue”, saying he was unable to actively participate.
However, Judge Motoc countered: “The court doctor was of the opinion that you were fully mentally aware and fit.”
Duterte’s swift arrest and surrender have bolstered the ICC’s credibility, according to legal experts.
“I see the arrest and handing over of Duterte as a gift at an important moment in time,” said Willem van Genugten, a Tilburg University professor.
Meanwhile, Vice President Sara Duterte visited her father in detention, stating he was “in good spirits, well looked-after, and well-rested,” though he missed Philippine food.
“He told me that all he does is sleep and watch TV… (he said that) my only complaint is that I really miss Philippine food,” she told reporters.
Duterte’s legal team will be led by British-Israeli lawyer Nicholas Kaufman, with Salvador Medialdea and Harry Roque as supporting counsels.
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