MANILA, Philippines – Former Philippine president Rodrigo Duterte landed in the Netherlands Wednesday, March 12, where he will be processed for a turnover to the International Criminal Court (ICC), a special court designed to prosecute the worst criminals.
(LIVE UPDATES: Rodrigo Duterte arrested over ICC case)
Duterte landed in Rotterdam 11:53 evening Manila time. A few minutes after landing in Rotterdam, Duterte was officially taken in custody by the ICC.
“The ICC Registrar, Mr Osvaldo Zavala Giler, thanked the authorities of the Philippines for their commitment to upholding international accountability mechanisms, and the authorities of the Host State, the Netherlands, for their cooperation and support,” the Court said in a statement.
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In a video posted on his Facebook page, Duterte told his supporters before landing in Rotterdam: “I’m okay, don’t worry.” “This will be a long legal proceeding. I say to you, I will continue to serve my country. So be it if this is my destiny,” said Duterte.
Duterte’s lawyer Salvador Medialdea was given a 15-day visa upon landing at The Hague, according to the Philippine embassy in the Netherlands. The other two companions were given two-day visas just to rest before they return home.
Winter clothes and care packages were prepared by the embassy for Duterte and his entourage.
Dozens of Duterte supporters waited outside the Scheveningen facility where Duterte was taken later by car. Some of them were yelling, “send him back.”
A last-minute legal maneuver by his team in Manila failed to produce any immediate relief from the Supreme Court. Duterte’s children filed two more petitions post-flight, asking the Philippine High Court to compel his return to the country.
Earlier in the day, groups who supported an ICC justice for the victims of the drug war also trooped in front of the Court.
At an undefined time, Duterte will face the ICC for the first time, charged with being an “indirect co-perpetrator” of crimes against humanity for the 27,000 killed in the war on drugs, and more in Davao City as alleged boss of the Davao Death Squad.
The ICC warrant charges Duterte with “instructing and supporting the city and nationwide extrajudicial killings of alleged criminals.”
“Many say that international law is not as strong as we want, and I agree with that. But I also repeatedly emphasize that international law is not as weak as some may think. When we come together, when we work, when we build partnerships, the rule of law can prevail,” ICC Prosecutor Karim Khan said.
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If Duterte does not volunteer to go, he will be summoned, according to the rules on initial proceedings in the Rome Statute, the charter of the ICC.
It’s in this first appearance that Duterte will be informed of his rights, including the right to apply for an interim release pending trial, like bail in Philippine processes.
Article 60 of the Rome Statute says that if the conditions below are met, then Duterte will continue to be detained:
- There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court
- Arrest is necessary to ensure the person’s appearance at trial
- Arrest is necessary to ensure that the person does not obstruct or endanger the investigation or the court proceedings
- Arrest is necessary to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
Duterte will not be asked to enter a plea just yet. He has a choice of his own lawyer. If he cannot afford one, the ICC can appoint from its pool of defense counsels.
Duterte is expected to spend time in the ICC detention center, located in the coast of The Hague and where the world’s most infamous war criminals have also been detained.
‘Highest standard’ jail
The detention center of the ICC is a well equipped facility, with ample amenities and space. It’s nothing like the crowded detention cells of the Philippines.
Duterte will be at the facility with Kosovo’s former president Hashim Thaçi, who is waiting for his trial for war crimes, and convicted Bosnian Serb war criminal Ratko Mladic. Others who had spent time there too were the late Serbian President Slobodan Milosevic, who died during his genocide trial, and former Ivory Coast president Laurent Gbagbo, who was acquitted in 2019.
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“It’s highest standard of due process and care,” said Kristina Conti, an ICC-accredited counsel representing victims.
Duterte will undergo a medical examination, and he will be detained at a private cell with his own sink, toilet, bed, desk and bookshelves. Duterte can also use a computer for legal research. He will have access to an outdoor exercise space, a gym, and can be visited by a spiritual adviser.
“They make sure the ventilation is okay, the food is okay, you can call your lawyer 24 hours, you are entitled to see your family every year and the Court can shoulder the fare to meet that requirement,” Conti said in Filipino.
If he seriously takes the advice of Vice President Sara Duterte not to eat food he did not prepare, Duterte can cook his own food at the facility kitchen.
The mothers and widows of the killed drug suspects in Duterte’s drug war would not want him harmed too. They said they want him alive, and healthy enough to stand what could be a long trial.
“Wala ditong gustong mamatay si Rodrigo Duterte. Excited kami sa trial. Masisigurado na mabuhay dapat ‘yan (No one here wants Rodrigo Duterte to die. We are excited for the trial. We also want to make sure he remains alive),” said Conti.
Martin Delgra, one of the former Cabinet members of Duterte, told reporters he was sad that Duterte will be celebrating his 80th birthday on March 28 alone.
Emily Soriano, whose 16-year-old son Angelito was killed by vigilantes in 2016, will turn 56 on March 28 too. Soriano said she is getting her birthday wish.
“Ito ang wish ko, masaya ako na si Duterte ay makukulong (This is my wish, I am happy that Duterte will be in jail),” said Soriano.
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– With reports from Reuters/Rappler.com