Duterte in ICC custody on murder charges over EJKs

Metro Manila, Philippines - Former President Rodrigo Duterte was taken into custody by the International Criminal Court (ICC) on Wednesday, March 12 (Netherlands time), over murder charges linked to the alleged extrajudicial killings (EJKs) during his bloody war on drugs.

Duterte was “surrendered” to ICC custody “in accordance with an arrest warrant issued by Pre-Trial Chamber I for charges of murder as a crime against humanity,” the ICC said in a statement.

His transfer to the ICC Detention Center in Scheveningen, The Hague, came after a dramatic arrest in Manila on Tuesday via an ICC warrant coursed through the International Police Organization (Interpol).

According to the ICC, its detention center “functions to hold in safe, secure and humane custody those persons detained under the authority of the ICC.”

The ICC said a hearing will be scheduled for Duterte’s initial appearance before the international tribunal.

“During this hearing, the Chamber will confirm the identity of the suspect and the language in which Mr Duterte is able to follow the proceedings,” the international court said.

“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, which is the Court’s founding treaty,” it added.

In a video statement, ICC Prosecutor Karim Khan emphasized that Duterte is “presumed innocent” at this new stage of the proceedings.

The ICC Office of the Prosecutor accused Duterte of crimes “as part of a widespread and systematic attack directed against the civilian population” in connection to his anti-drug campaign.

“The focus of the office is on the judicial proceedings on proving its case before the judges of the International Criminal Court,” Khan said.

He, however, also said that the ICC judges “found reasonable grounds” in issuing the warrant of arrest against the former Philippine leader.

“The fact that it’s been executed is important to victims. It means a lot, I think to victims, that’s the feedback we’ve already received,” the ICC prosecutor said.

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Former Executive Secretary Medialdea, who serves as Duterte’s counsel, was granted permission to visit the ICC Detention Center on Thursday, according to the Philippine Embassy in The Hague.

Vice President Sara Duterte is en route to the Netherlands to help his father. Davao Rep. Paolo Duterte has been granted by the House of Representatives a one-month travel clearance for a “personal trip” to the Netherlands.

Upon arrival

Duterte was flown to the Netherlands shortly before midnight on Tuesday, which was hours after his arrest. He had a lengthy layover stop in Dubai on Wednesday.

The chartered flight RP-C5219 landed at the Rotterdam Airport at 11:56 p.m. on Wednesday (Manila time).

In a recorded video before his arrival at the airport, Duterte said his battle with the ICC will be a “long legal proceeding.”

“For all of the whatever happened in the past, ako ang nag-front sa ating law enforcement at military…ako ang managot,” he said.

[Translation: For everything that has happened in the past, I was the front for law enforcement and the military…I will be accountable.]

Upon arrival, the Philippine embassy said an ICC nurse “conferred with the former president’s personal nurse on the medical condition and requirements.”

“The ICC nurse has relayed the information received to the ICC medical doctor for the conduct of medical check-up on the former president on arrival at the ICC Detention Center,” the embassy added.

The Philippine embassy said it “has prepared, procured, and delivered winter clothing, change of clothes, and care packages” for Duterte amid the winter season in Europe. His accompanying delegation and the plane’s crew members were also given the same at the airport.

Duterte’s nurse and aide were granted a two-day visa for them to rest in the Netherlands, while Medialdea was issued a 15-day visa as Duterte’s counsel.

Supreme Court petitions

Duterte’s children — Davao City Mayor Sebastian “Baste” and Veronica “Kitty” — on Wednesday filed separate petitions for habeas corpus with the Supreme Court to compel the government to bring their father back to the Philippines.

Meanwhile, the magistrates ruled that Duterte and Sen. Bato dela Rosa failed to “establish a right” to secure a stay order on the arrest of the former chief executive to face an international tribunal. 

The two earlier sought a temporary restraining order after Duterte’s arrest, as well as filed a petition challenging the government’s cooperation with the ICC.

The ICC’s investigation into Duterte covered the murder charges over drug war EJKs when he was Davao City mayor in 2011 up to March 2019 when he opted out of the Rome Statute, a treaty that created the ICC.

The former chief executive ordered the country’s immediate withdrawal from the Rome Statute after the ICC resumed the probe on his controversial anti-drug campaign. The ICC said it has jurisdiction over crimes against humanity committed while the Philippines was still a member.

“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,” Khan said.

“When we come together, when we work, when we build partnerships, the rule of law can prevail, warrants can be executed,” the ICC prosecutor added.