ICC trial chamber to review Du30 detention
A trial chamber of the International Criminal Court (ICC) is now set to review the continued detention of former President Rodrigo Duterte in The Hague, the Netherlands, as it asked parties to the case to turn in observations.
According to its four-page order dated May 1, the Trial Chamber (TC) III said it was necessary to allow the prosecution, the defense and the victims’ lawyers to submit any observations on Duterte’s detention in the Scheveningen prison complex or any motion for his temporary release.
This includes whether the circumstances of his being held in the ICC detention facility have changed, it noted.
The latest TC III order is the first time that the detention of Duterte would be under review at the trial stage of his crimes against humanity case in the ICC.
Since his arrest in March last year, Duterte’s liberty has been restricted as he remains charged with murder as a crime against humanity for his alleged criminal role in the brutal crackdown on illegal drugs that he waged, resulting in thousands of killings in police operations.
At the pretrial stage, the Pre-Trial Chamber (PTC) I was legally bound to determine whether Article 58(1)(b), the Rome Statute provision stating the risks posed by a person that warrants his continued detention, continues to exist.
Position on detention
In January, it found no change in his circumstances to merit his temporary liberty, as Duterte continued to pose risks to witnesses and victims.
Human rights lawyer Kristina Conti, whose practice is recognized in the ICC, told the Inquirer on Saturday that the task of reviewing Duterte’s incarceration has been turned over from PTC I to TC III.
The issue may be tackled, or even ruled on, during the first status conference for the case on May 27, she noted.
The TC III has set in motion the initial steps in the next stage of the case, as it also asked the same parties and participants to submit disclosures and materials relevant to the impending trial.
Among the items the chamber asked for were documentary evidence, recorded testimonies, protective measures for witnesses, any additional witnesses and any other issues that need to be resolved before the start of the trial.
These will have to be turned over to the TC III by May 15, ahead of the first status conference, to allow the chamber to set the stage, including the determination of the appropriate dates, for the trial proper.
