Duterte asset freeze order can be done at 'any stage' – ICC spokesperson

Metro Manila, Philippines – The International Criminal Court (ICC) can issue a freeze order on the assets of former President Rodrigo Duterte at any stage of the proceedings, the ICC spokesperson said.

In an exclusive interview with NewsWatch Plus, ICC spokesperson Fadi El Abdallah stated that judges have the authority to issue the legal order at any time.

"Well, it can happen at any stage. It depends on what the judges consider that it is appropriate to be done. It can be a legal order issued by the judges," El Abdallah said.

According to the ICC website, the Office of the Prosecutor collects financial information on the suspect at the start of the hearings. A request may be issued for the identification, tracing, or freezing of property and assets of the suspect.

The court may also seek the cooperation of a State Party, but this could be challenging for the Philippines, as the country is no longer a member of the Rome Statute.

PH to comply with freeze order if...

The Philippine government will comply with a possible freeze order on Duterte’s assets from the ICC if it is allowed by law, Communications Undersecretary Claire Castro previously stated.

In an interview with NewsWatch Plus, former Senator Antonio "Sonny" Trillanes said a seizure order on Duterte’s assets is part of the tribunal’s proceedings on crimes under its jurisdiction.

"Meron pa nga palang isang kaakibat na order na lalabas siguro, itong order ng ICC ng seizure ng mga ari-arian ni Duterte," Trillanes said in an interview with "The Newsmaker."

[Translation: There is an accompanying order that will likely be issued—the ICC’s order for the seizure of Duterte’s properties.]

In response, Castro said it remains to be seen whether the seizure order can be implemented within legal means.

"Kung meron naman po tayong batas, inaalaw po tayo, ipakita naman po nila, tayo po yung magkukumplay dahil lagi po, sinasabi natin, lahat po ng gagawin natin dito ay dapat lamang base sa batas," Castro said.

[Translation: If we have a law that allows it, and they can show it to us, we will comply because, as we always say, everything we do must be based on the law.]

Under the Rome Statute, the ICC can request member states to identify, trace, and freeze assets linked to crimes for forfeiture.

Trillanes said it remains unclear how the Marcos administration will respond, given that the Philippines exited the ICC in March 2019.

"Ang tanong lang dito is kung ano ang magiging approach ng Marcos administration towards that specific order, pero kung may order man sila sa iba't ibang, kung may ari-arian ng mga Duterte sa iba't ibang parte ng mundo," Trillanes said.

[Translation: The question is how the Marcos administration will approach this specific order, if the ICC issues an order and the Dutertes have assets in different parts of the world.]

In a statement, the Anti-Money Laundering Council (AMLC) said while it has yet to receive a request for a freeze order from the ICC, this will still go through a process.

“If a request from the ICC does arise, it will be evaluated, and relevant government agencies will be consulted to determine the Philippines' response to a potential ICC request for enforcement of its order,” the council said.

Duterte was admitted to the ICC detention center in Scheveningen, The Hague, Netherlands.

He 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 former president is the first Asian leader to stand trial at the ICC.

The ICC probe includes Duterte’s alleged role in extrajudicial killings linked to the so-called Davao Death Squad, which reportedly began during his tenure as Davao City mayor and continued through his early years as president.