Du30 in ICC custody; PH post urges health checks
- Duterte was “surrendered to the custody of the (ICC)” around 5 p.m. on Wednesday (around midnight in the Philippines) after arriving on a chartered flight in Rotterdam from Manila before midnight on Tuesday, becoming the first Asian former head of state arrested and taken to the ICC to face charges.
- The PH embassy in The Hague has called on the tribunal and the Dutch government to “monitor the medical and physical conditions” of Duterte, who was transferred to a detention center in Scheveningen.
- The Philippine Embassy in The Hague said it provided consular assistance, including winter clothing and care packages, to the former president upon his arrival.
The International Criminal Court (ICC) has taken custody of former President Rodrigo Duterte in The Hague, the Netherlands, and is expected to hold him in a detention center for suspects also accused of crimes against humanity in the coastal district of Scheveningen.
Duterte was “surrendered to the custody of the (ICC)” around 5 p.m. on Wednesday (around midnight in the Philippines) after arriving on a chartered flight in Rotterdam from Manila before midnight on Tuesday, becoming the first Asian former head of state arrested and taken to the ICC to face charges.
Salvador Medialdea, Duterte’s former executive secretary who was on the same plane with him, told reporters outside the detention facility on Thursday that he was informed that “there is no Rodrigo R. Duterte inside” and that the former president was taken by ambulance to a hospital.
“Up to now, they have not given us the name of the hospital,” he said.
“We are at a loss at this time and they are making a fool of us here,” he said. “I think this is a part of their grand plan to kidnap the president, to extract the president from the Philippines and brought to a jet without known destination.”
ICC spokesperson Fadi El Abdallah said in a statement that Duterte was under ICC custody at the ICC detention center after he was admitted on Thursday “following medical checks.”
“When a suspect arrives in ICC custody, the court as standard practice takes measures to protect the health and well-being of the suspect,” he said.
The Philippine Embassy in The Hague said it provided consular assistance, including winter clothing and care packages, to the former president upon his arrival.
It said that embassy officers had earlier “called the attention” of the ICC and the Dutch foreign ministry “on the need to closely attend to and monitor the medical and physical conditions” of the ex-president, who will turn 80 on March 28.
A personal nurse and an aide also flew with Duterte to The Hague on a Gulfstream G550 jet.
Medialdea was given a 15-day visa as Duterte’s counsel and granted permission to visit him on Thursday. The nurse and the aide were given a two-day visa to allow them to rest and recover for their return flights.
Message before landing
Before his plane landed, Duterte recorded a two-minute message in English and Filipino to his supporters, which was later posted on his Facebook page, Rody Duterte, assuring them that he was fine and repeating previous statements that he would “take responsibility” for his brutal antinarcotics campaign.
Wearing a white long-sleeve shirt and speaking calmly, the former Philippine leader said the plane stopped for a few hours in Dubai for refueling. “It’s a long flight. It’s okay, do not worry,” he said.
“I think this has something to do with the law and order then, and as I told the police, the military, just do your job and I will take responsibility,” Duterte said. “Whatever happened in the past, I took the front for our law enforcement and the military. I said I will protect you and I will take responsibility for them.”
He acknowledged that his looming trial would be a “long legal proceeding.”
“And I say to you, I will continue to serve my country and so be it,” Duterte said.
According to ICC procedures, Duterte would face the court in an initial appearance hearing, but no date has been set. That is the next step after a suspect is taken into custody by the ICC, the public affairs unit of the court explained to the Inquirer.
“During this hearing, the [Pre-Trial] 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. “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.”
The Rome Statute established the ICC with over 120 member countries. On orders of Duterte, the Philippines withdrew from the ICC in March 2019, a year after the court announced that it would conduct a preliminary examination into the war on drugs.
Critics of the former president said it was a way for him to evade investigation and prosecution in the ICC, which maintains that it still had jurisdiction over the Philippines from the time it joined the treaty in November 2011 up to March 2019.
Khan lauds arrest
The ICC’s Office of the Prosecutor (OTP), headed by Karim Khan, said that it was preparing for the initial hearing and other court proceedings that would follow.
Khan lauded the March 7 arrest warrant ordered by the Pre-Trial Chamber 1 as a “crucial step” toward exacting accountability from Duterte.
If his case goes to trial and he is convicted, Duterte could face a maximum sentence of life imprisonment.
The warrant was issued in response to the OTP’s urgent request to order the arrest of Duterte on the grounds of murder, torture and rape in connection with his drug war.
The three-women chamber found reasonable grounds to hold Duterte, as leader of the notorious “Davao Death Squad” during his years as mayor of Davao City and later as president, “individually responsible as an indirect coperpetrator” of the crime of murder in relation to the drug-related deaths. They excluded the allegations of torture and rape.
For future ‘cooperation’
The OTP said it was looking forward to further coordination with Philippine authorities “on potential avenues of cooperation,” noting that the investigation of the thousands of extrajudicial killings in the drug war continued.
It relayed the gratitude of the ICC registrar, which is tasked with transmitting requests for cooperation and documents concerning the arrest of Duterte, to the Philippine government for its “commitment to upholding international accountability mechanisms.”
Where credit is due
Khan gave credit to the activists, victims’ families and the witnesses who spoke out and cooperated with the ICC probe and urged others who have “relevant information” to step forward through the OTP’s witness appeal portal.
“The fact that it’s (the warrant) been executed is important to victims. It means a lot … to victims. That’s the feedback we’ve already received,” Khan said in a separate video message.
The ICC prosecutor underscored the role of international law in trying crimes against humanity committed by powerful leaders of nations that refuse to hold them liable.
“And many say that international law … [is] not as strong as we want, and I agree with that. But as I also repeatedly emphasize, international law is not as weak as some may think,” he said. “When we come together, when we work, when we build partnerships, the rule of law can prevail; warrants can be executed.”
Who’s next?
According to Kristina Conti, a lawyer for the families of the drug war victims, and former Sen. Antonio Trillanes IV, one of the complainants in the ICC cases, officials who held high positions in the Duterte administration like former national police chief and now Sen. Ronald “Bato” dela Rosa, are likely to also face arrest.
“This is a monumental and long-overdue step for justice for thousands of victims and their families,” said Jerrie Abella of Amnesty International.
Emily Soriano, the mother of a drug war victim, said she wanted more officials to face justice.
“Duterte is lucky he has due process, but our children who were killed did not have due process,” she told The Associated Press.
While Duterte’s plane was in the air, grieving relatives gathered to mourn his alleged victims, carrying the urns of their loved ones. “We are happy and we feel relieved,” said 55-year-old Melinda Abion Lafuente, mother of 22-year-old Angelo Lafuente, who she said was tortured and killed in 2016.
Duterte’s sons, Davao City Rep. Paolo Duterte and Davao City Mayor Sebastian Duterte, and his daughter, Veronica, had filed separate petitions in the Supreme Court to order their father’s return to the country. (See story on A4.)
Duterte’s legal counsel, Salvador Panelo, told reporters that the Supreme Court could “compel the government to bring him (Duterte) before the court and to explain to them why they (government) did what they did.”
Marcos justifies arrest
President Marcos on Tuesday said that his predecessor’s arrest was “proper and correct” and not an act of political persecution.
Duterte’s eldest daughter, impeached Vice President Sara Duterte who has become an arch-critic of the President, denounced the Marcos administration for surrendering her father to a foreign court, which she said had no jurisdiction over the Philippines.
The Vice President and her brother, Paolo, traveled separately on Wednesday to The Hague.
Her office said that when she arrived on Wednesday evening, she was given assistance by the Dutch foreign ministry and the Dutch Royal Military Constabulary.
She was scheduled to “attend a series of meetings” on Thursday as she waited for an opportunity to visit her father. —WITH A REPORT FROM JACOB LAZARO, PNA, AP AND REUTERS
