Prosecution to ICC: Du30 still a flight risk
The disclosure of witnesses and additional killing incidents tied to the charges of crimes against humanity he is facing before the International Criminal Court (ICC) has increased the risk that former President Rodrigo Duterte may flee should he be allowed to leave detention months before his trial.
In a Sept. 7 filing made public on Tuesday, the prosecution told the Trial Chamber (TC) III that the continued detention of Duterte remains “necessary” as it recently turned over to the defense the list of witnesses and their expected testimony for the trial set to begin in November.
The prosecution’s filing was in response to an order in May by the TC III for parties and participants in the case to submit their observations on Duterte being held at Scheveningen prison complex in The Hague, the Netherlands, marking the first time the issue was placed under review at the trial stage.
Citing the Rome Statute, the founding framework of the ICC, the prosecution noted that “these changes in circumstances increase the risk Mr. Duterte presents under article 58(1)(b)(i) of the Statute and thus militates in favor of his continued detention.”
It pointed out the addition on Aug. 31 of incidents and victims involved in the charges against the former president has increased the likelihood of a “lengthy prison sentence” should he be convicted.
Duterte was charged with three counts of murder for the killing of 76 individuals in 49 incidents under his brutal campaign to stamp out the illegal drug trade during his term as Davao City mayor and later on, as President. With the prosecution’s additional disclosure, the number of incidents has since increased to 57.
“The question of the risks to witnesses ‘revolves around the possibility, not the inevitability, of a future occurrence.’ Mr Duterte’s history shows that he is able and has the means, either directly or through his associates, to interfere with [REDACTED],” read part of the prosecution’s five-page observations on Duterte’s detention signed by acting prosecutor Mame Mandiaye Niang.
Precaution
It added that the disclosure of the list of witnesses and related evidence bolsters the need for the former president to stay in detention “to ensure he does not interfere with witnesses.”
Duterte is expected to be tried before the ICC starting on Nov. 30, with the proceedings expected to continue until next year. A third status conference will be conducted on Sept. 16 to discuss the prosecution’s presentation of its case, including the list of witnesses and evidence.
Meanwhile, the prosecution, in another document dated Sept. 7 that was also released on Tuesday, urged the TC III to rule that Duterte is fit for trial, citing the undisclosed findings of a three-member expert panel tapped to evaluate his health.
“Upon completion of their assessments, the panel members found “[REDACTED]” and were satisfied that “[REDACTED],” the prosecution said in the seven-page document regarding its observations on the expert panel’s report.
It added that the chamber does not need to hold a hearing to specifically address Duterte’s fitness to stand trial because the court-appointed doctors already suggested measures to ensure his effective participation during trial. The measures proposed by the expert panel have yet to be publicly disclosed.
The defense, for its part, said that it “does not intend to submit observations at this time” although it added that it may seek a review of the matter depending on circumstances.
