Former President Rodrigo Duterte appeared before the International Criminal Court (ICC) for the first time on Friday, March 14 (Manila time). He attended the hearing via video link alongside his legal counsel, Atty. Salvador Medialdea.
During the hearing, Duterte was informed about the charges he faces and his rights, as well as the date scheduled for his confirmation of charges hearing. Judge Lulia Motoc of the ICC’s Pre-Trial Chamber I presided over the session.
The hearing began with Duterte providing his personal details, such as his full name, birth date, and place of birth.
"Yes, Your Honor. I am Rodrigo Roa Duterte. My first middle name is Roa, and my surname is Duterte," Duterte responded.
"First of all, my birth month is March 28, 1945," he added.
Judge Motoc clarified that the purpose of the first appearance hearing was not to address Duterte’s guilt or innocence, citing Article 61 of the Rome Statute, the founding treaty of the ICC, and Rule 1211 of the Rules of Procedure and Evidence.
Motoc explained that the session’s main objectives were:
- To ensure that the person subject to the arrest warrant is informed of the crimes they are accused of.
- To ensure that the person is informed of their rights as recognized by the Rome Statute.
- To set a date for the confirmation of charges hearing.
"The Chamber notes that your counsel, Mr. Duterte, filed two motions, one related to today's hearing. You may be aware that these motions were not accepted by the Chamber due to the nature of today's hearing," said Judge Motoc.
Informing Duterte of the charges
The Pre-Trial Chamber informed Duterte that it found "reasonable grounds" to believe that he was criminally responsible under Article 25.3(a) of the Rome Statute as an alleged indirect co-perpetrator in the crime against humanity of murder.
The court detailed that the charges pertain to:
- The alleged murder of at least 19 individuals, purported drug pushers or thieves, killed by the Davao Death Squad (DDS) in or around Davao City between 2011 and 2016.
- The murder of at least 24 people, allegedly criminals, including drug pushers or thieves.
Duterte's rights as a suspect
Judge Motoc also informed Duterte about his rights as a suspect before the court. These rights include:
- The right to receive free assistance from a competent interpreter and necessary translations to meet the requirements of the court.
- Adequate time and facilities to prepare a defense.
- The right to remain silent, and he cannot be forced to testify or confess guilt.
- The right to make statements without taking an oath.
- The Chamber will disclose any evidence in its possession or at its disposal that tends to show his innocence as soon as practicable.
Atty. Medialdea’s statement
Atty. Salvador Medialdea, Duterte’s former Executive Secretary, criticized the arrest and transfer process, calling it an "extrajudicial rendition."
"Two days ago, the whole world witnessed the degrading fashion in which a former president of a sovereign country was bundled into a private aircraft and summarily transported to The Hague," Medialdea said in his statement.
"To us lawyers, this would be called an extrajudicial rendition. To the less legally inclined, it was a pure and simple kidnapping. My client was denied all access to legal recourse in the country of his citizenship, and this was all in the nature of political score-settling," he added.
Medialdea further stated, "Two troubled entities struck an unlikely alliance: an incumbent president who wished to neutralize and choke the legacy of my client and his daughter, on the one hand, and a troubled legal institution desperate for delegitimization and a legal show today, on the other."
He then claimed that Duterte was abducted from his country.
"ICC private jets do not drop out of thin air. That jet which received my client was coordinated in advance. The UAE is not a state party to the ICC and has no obligation to cooperate with the court. Yet my client sat in transit in that country for more than five hours. I invite the Registry's representative to explain to the judges how they believe this transfer was anything other than a gross abuse of process."
Medialdea also highlighted Duterte’s health concerns, stating, "Given the precipitous arrival of my client, an elderly man with debilitating medical issues, hard of hearing and poor of sight, he was taken to a hospital for observation. Only this morning have I met him for the first time with less than an hour to discuss legal issues."
"I have not been able to present him with a hard copy of the arrest warrant because we were not supplied with such. I have not even been able to explain to him what the prosecution requested when seeking the issuance of the arrest warrant," Medialdea explained.
He also requested a delay in the proceedings to next week which he "will have the opportunity" to sit with his client and explain to him about the case and the proceedings.
Confirmation of charges hearing date set
The ICC announced that the confirmation of charges hearing for Duterte will begin on September 25, though this date may be postponed depending on the progress of the proceedings.
Duterte’s arrest and transfer
Duterte was apprehended earlier this week by International Criminal Police Organization (INTERPOL) at Ninoy Aquino International Airport (NAIA) Terminal 3, following an ICC-issued arrest warrant. He was then taken into government custody at Villamor Air Base before being flown to The Hague in the Netherlands to face trial.
Malacañang had previously disclosed that just hours before Duterte’s arrival in the Netherlands, INTERPOL Manila received the official copy of the ICC arrest warrant, prompting the Department of Justice’s Prosecutor General to take action and enforce it.
Vice President Sara Duterte, former Presidential spokesperson Atty. Harry Roque, and Senator Robin Padilla arrived in the Netherlands on Friday to support the former president.
