MANILA, Philippines – Rodrigo Duterte, former Philippine president who waged a war on drugs that killed as many as 27,000 suspects, bewailed alleged violation of due process upon arrest on Tuesday, March 11. The International Criminal Court (ICC) had issued the warrant via the Interpol after years of investigating alleged crimes against humanity committed by Duterte.
Sitting in a white stately chair inside Villamor Airbase where he was brought, Duterte drank coca-cola and was apparently questioning a Philippine official involved in the service of the warrant: “What is the law and what is the crime that I committed? Prove to me now the legal basis for my being here, apparently I was brought here not of my own volition, it’s somebody else’s.”
Duterte’s video was uploaded by his youngest child Veronica “Kitty” Duterte from inside the Villamor Airbase. His partner and Kitty’s mother, Honeylet Avanceña, and a grandchild are with him also, according to longtime aide Senator Bong Go. He was being assisted by two counsels, former executive secretary Salvador Medialdea and former land transportation chair Martin Delgra.
Malacañang confirmed that the Interpol had received from the ICC the arrest warrant in the wee hours of the morning Tuesday, March 11. It was served to him upon landing at the airport by Philippine Prosecutor General Richard Fadullon. Special envoy for transnational crimes Markus Lacanilao was also at the airport, according to another Duterte lawyer, former labor secretary Silvestre Bello.
Referring to his conversation with Fadullon, Medialdea said: “You are the prosecutor general, you know how to exercise due process, before you file charges, you have to file a complaint, you have to file a counter affidavit, without doing procedure, here we are, being issued a questionable warrant of arrest.”
Fadullon told Rappler: “The former President was read his rights and informed of the charges against him. Clearly it was read to him that the WA [warrant of arrest] issued by the ICC was on the following charges: crimes against humanity and murder.”
“Precisely, we observed due process by reading him his rights and ensuring that the dignity of the former president is protected. There is an existing warrant for his arrest issued by the ICC. If questions wish to be raised on the validity of the warrant, it should be raised before the court that issued it and not before the arresting officers implementing the same. We are here only to ensure that the manner of arrest is done in accordance with the law,” Fadullon added.
An ICC process differs slightly from domestic processes inasmuch as up to today, there’s been no confirmation in the eight-year investigation that Duterte was a suspect. It’s a unique feature of an extraordinary court tasked to solve the gravest of crimes perpetrated by the most powerful people on earth.
“You have to answer now for the deprivation of liberty,” said Duterte from inside Villamor Airbase.
What next?
Following Interpol processes, an arrest effected through them is considered a provisional arrest pending legal process for extradition or surrender. Bello said this legal process must go through the Philippine Department of Justice (DOJ). The DOJ has yet to issue a statement as of writing. We will update this story once they do.
It’s unclear as of writing if he is being taken to The Hague in the Netherlands where the ICC is, or possibly to Davao City to await the process.
If and when he is brought to The Hague, Duterte will have to attend a confirmation of charges hearing, where he can then offer his defense. He is free to contract any lawyer of his own choosing, as long as they are accredited by the Court. His former presidential spokesperson Harry Roque is an ICC-accredited counsel, but Roque has been traveling under the radar to Dubai and then to China as he evades a congressional warrant here over his alleged role in the operation of a Pampanga scam farm. There is no court-issued warrant against Roque.
Speaking to someone in the room but not caught in Veronica’s camera, Duterte said: “Pagdating sa trial diyan, tatawagin kita sa witness stand, sabihin ko, you are the person who arrested me, may I know the reason why, have you read the documents, have you read the case at the time you made the arrest?”
(When trial comes, I will call you to the witness stand, I will say that you are the person who arrested me, may I know the reason why, have you read the documents, have you read the case at the time you made the arrest?)
According to Article 59 of the Rome Statute, there are two types of States — an arresting State and a custodial State. We appear to be both at this moment.
Kristina Conti, an ICC-accredited counsel who represents victims of the drug war, told Rappler that she “calls on [the government] to transfer Duterte to a custodial State that is an ICC member country.”
The nearest ICC member countries would be Cambodia and Timor Leste. Other viable options would be Japan and South Korea. Where he could be taken is unsure at this point.
Go, for the entire morning, had tried to access his longtime boss but was denied in different stages and entry points. Once the second most powerful man in the Philippines, Go could barely get the Villamor Airbase guards to deliver pizza to the former president.
Speaking to Veronica over the phone, Go said to meet him at the gate “where your father used to enter as president.”
Later, his personal physician was granted access. They said Duterte had a scheduled check-up at a hospital in San Juan on Wednesday, March 12.
This is a developing story. Please refresh for updates.
– Rappler.com