‘Grueling’ trial expected for Duterte, says ICC-accredited lawyer | ABS-CBN
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‘Grueling’ trial expected for Duterte, says ICC-accredited lawyer
‘Grueling’ trial expected for Duterte, says ICC-accredited lawyer
Former Philippine President Rodrigo Duterte made his first appearance at the International Criminal Court in The Hague in the Netherlands on Friday, via videolink, as he faces allegations of crimes against humanity over his deadly war on drugs. ICC handout/Flickr
Former Philippine President Rodrigo Duterte made his first appearance at the International Criminal Court in The Hague in the Netherlands on Friday, via videolink, as he faces allegations of crimes against humanity over his deadly war on drugs. ICC handout/FlickrMANILA — A “grueling” trial at the International Criminal Court (ICC) can be expected if former President Rodrigo Duterte’s case reaches the Trial chamber, according to Attorney Joel Butuyan, President of CenterLaw and one of the five Filipino accredited lawyers in the ICC.
MANILA — A “grueling” trial at the International Criminal Court (ICC) can be expected if former President Rodrigo Duterte’s case reaches the Trial chamber, according to Attorney Joel Butuyan, President of CenterLaw and one of the five Filipino accredited lawyers in the ICC.
“It’s going to be an arduous trial for at least three weeks and one week break, and then three weeks run again. It’s really going to be grueling,” Butuyan said during the press conference of the Foreign Correspondents Association of the Philippines (FOCAP).
“It’s going to be an arduous trial for at least three weeks and one week break, and then three weeks run again. It’s really going to be grueling,” Butuyan said during the press conference of the Foreign Correspondents Association of the Philippines (FOCAP).
Before moving into the Trial Chamber, however, substantial grounds that Duterte committed the allegation of crimes against humanity must first be established.
Before moving into the Trial Chamber, however, substantial grounds that Duterte committed the allegation of crimes against humanity must first be established.
This will happen during the Confirmation of Charges hearing on September 23.
This will happen during the Confirmation of Charges hearing on September 23.
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“There’s a summary hearing that’s going to be done during the Confirmation of Charges. That’s why, I think, they scheduled three or four hearing dates because the prosecution is going to be given the time to present its evidence and the defense will be given the time to submit its counter evidence and then after that, the Pre-trial Chamber will decide whether or not to confirm the charges or dismiss the charges,” Butuyan explained.
“There’s a summary hearing that’s going to be done during the Confirmation of Charges. That’s why, I think, they scheduled three or four hearing dates because the prosecution is going to be given the time to present its evidence and the defense will be given the time to submit its counter evidence and then after that, the Pre-trial Chamber will decide whether or not to confirm the charges or dismiss the charges,” Butuyan explained.
Two important events are expected to happen between now and September 23.
Two important events are expected to happen between now and September 23.
One event is the possible filing of Duterte’s team of a challenge against the validity of the ICC arrest warrant because the Philippines is no longer a member country.
One event is the possible filing of Duterte’s team of a challenge against the validity of the ICC arrest warrant because the Philippines is no longer a member country.
The second is the prosecutor’s disclosure of its evidence and witnesses to the defense. The disclosure will help the the defense formulate its arguments.
The second is the prosecutor’s disclosure of its evidence and witnesses to the defense. The disclosure will help the the defense formulate its arguments.
During Duterte’s first appearance in the ICC on March 14, the presiding judge instructed the prosecution that it has seven days to make this disclosure.
During Duterte’s first appearance in the ICC on March 14, the presiding judge instructed the prosecution that it has seven days to make this disclosure.
INTERIM RELEASE
Prior to the hearing on September 23, Duterte’s camp may also appeal for interim release, but Butuyan doubts this will be granted.
Prior to the hearing on September 23, Duterte’s camp may also appeal for interim release, but Butuyan doubts this will be granted.
“I have not encountered one that an interim release that was granted especially where a warrant of arrest was issued,” Butuyan said.
“I have not encountered one that an interim release that was granted especially where a warrant of arrest was issued,” Butuyan said.
“If I remember correctly, there was one but did not involve crimes against humanity or war crime or similar serious crimes. It was merely a disciplinary action where the suspect or the accused volunteered, surrendered. He was summoned and then surrendered and there was no warrant of arrest against him. But none of this magnitude,” he continued.
“If I remember correctly, there was one but did not involve crimes against humanity or war crime or similar serious crimes. It was merely a disciplinary action where the suspect or the accused volunteered, surrendered. He was summoned and then surrendered and there was no warrant of arrest against him. But none of this magnitude,” he continued.
Butuyan stated that old age is also not considered when judges decide on an appeal for interim release.
Butuyan stated that old age is also not considered when judges decide on an appeal for interim release.
“It’s never a consideration, the age. In fact, if you look at the ages of the other five who are his co-detainees now, they are actually about the same ages. So it’s not going to be a factor . There is no such thing as humanitarian release,” Butuyan explained.
“It’s never a consideration, the age. In fact, if you look at the ages of the other five who are his co-detainees now, they are actually about the same ages. So it’s not going to be a factor . There is no such thing as humanitarian release,” Butuyan explained.
Asked if Duterte would most likely stay in ICC detention until September, Butuyan said yes.
Asked if Duterte would most likely stay in ICC detention until September, Butuyan said yes.
But in the event that Duterte does get an interim release, Butuyan said there might be conditions such as the custodial state making sure that the former President will not be able to flee and hide.
But in the event that Duterte does get an interim release, Butuyan said there might be conditions such as the custodial state making sure that the former President will not be able to flee and hide.
TRIAL CHAMBER
Butuyan believes the Philippine government will not be a hurdle in the investigation and that the ICC already has in its possession all the evidence it needs, which includes official issuances of the Duterte administration.
Butuyan believes the Philippine government will not be a hurdle in the investigation and that the ICC already has in its possession all the evidence it needs, which includes official issuances of the Duterte administration.
The prosecution may still, however, continue gathering evidence before the trial starts, but it also needs to share these with the defense.
The prosecution may still, however, continue gathering evidence before the trial starts, but it also needs to share these with the defense.
Aside from the prosecutor and defense counsel, there will also be a victims’ counsel, which the court will appoint among Filipino or foreign accredited lawyers.
Aside from the prosecutor and defense counsel, there will also be a victims’ counsel, which the court will appoint among Filipino or foreign accredited lawyers.
“The victims are going to be narrating their story, they are going to be presenting witnesses through victims’ counsel. Prosecutor will first present its evidence, its witnesses and victims’ counsel will present his or her witnesses and then it’s going to be the turn of the defense,” Butuyan said.
“The victims are going to be narrating their story, they are going to be presenting witnesses through victims’ counsel. Prosecutor will first present its evidence, its witnesses and victims’ counsel will present his or her witnesses and then it’s going to be the turn of the defense,” Butuyan said.
The victims may be physically present in court, attend via video conferencing or give audio testimonies.
The victims may be physically present in court, attend via video conferencing or give audio testimonies.
If a conviction is handed out, reparation for all the victims, not just the ones presented in court as evidence, may be ordered.
If a conviction is handed out, reparation for all the victims, not just the ones presented in court as evidence, may be ordered.
Duterte’s assets may be used to compensate the victims, but if there is none, the ICC will turn to its trust fund. The reparation may come in the form of money, livelihood or even psychological help.
Duterte’s assets may be used to compensate the victims, but if there is none, the ICC will turn to its trust fund. The reparation may come in the form of money, livelihood or even psychological help.
Butuyan cannot say how long the trial will last because it will depend on the number of witnesses. The fastest trial he remembers is two years, but some last from seven to eight years.
Butuyan cannot say how long the trial will last because it will depend on the number of witnesses. The fastest trial he remembers is two years, but some last from seven to eight years.
Butuyan clarified that the 43 instances of death Duterte is accused of are specific samples in the charge and do not equate to 43 counts of murder.
Butuyan clarified that the 43 instances of death Duterte is accused of are specific samples in the charge and do not equate to 43 counts of murder.
According to the ICC website, “the Court cannot impose a death sentence. The maximum sentence is 30 years. However, in extreme cases, the Court may impose a term of life imprisonment.”
According to the ICC website, “the Court cannot impose a death sentence. The maximum sentence is 30 years. However, in extreme cases, the Court may impose a term of life imprisonment.”
If convicted, Duterte may serve his sentence in a jail facility of an ICC member state which complies with international standards on equality and jail facilities.
If convicted, Duterte may serve his sentence in a jail facility of an ICC member state which complies with international standards on equality and jail facilities.
“Most of the time yung ICC convicts they serve time sa European countries like sa Norway,” Butuyan said.
“Most of the time yung ICC convicts they serve time sa European countries like sa Norway,” Butuyan said.
He added that the victims would like to see Duterte behind bars and not die during the course of the criminal procedure.
He added that the victims would like to see Duterte behind bars and not die during the course of the criminal procedure.
“Gusto nila na makita talaga na ma-convict si Mr. Duterte, ayaw nilang mamatay,” Butuyan who is also a counsel of the victims, said.
“Gusto nila na makita talaga na ma-convict si Mr. Duterte, ayaw nilang mamatay,” Butuyan who is also a counsel of the victims, said.
“Gusto nilang maranasan niya na magdusa doon sa mga kasalanan niya na ang ano nga nila is, maramdaman niya yung lamig ng rehas kapag na-convict siya.”
“Gusto nilang maranasan niya na magdusa doon sa mga kasalanan niya na ang ano nga nila is, maramdaman niya yung lamig ng rehas kapag na-convict siya.”
ANOTHER ARREST?
Families of drug war victims expressed relief and hope for justice following the arrest of former President Rodrigo Duterte during a press conference at the UCCP Chapel in Quezon City on March 12, 2025. Maria Tan, ABS-CBN News
Families of drug war victims expressed relief and hope for justice following the arrest of former President Rodrigo Duterte during a press conference at the UCCP Chapel in Quezon City on March 12, 2025. Maria Tan, ABS-CBN NewsButuyan maintained that Duterte was arrested within the bounds of law.
Butuyan maintained that Duterte was arrested within the bounds of law.
Another personality who may face arrest is Senator Ronald “Bato” Dela Rosa who was Chief of the Philippine National Police during the War on Drugs campaign.
Another personality who may face arrest is Senator Ronald “Bato” Dela Rosa who was Chief of the Philippine National Police during the War on Drugs campaign.
On Monday, Senate President Francis Escudero said even if the ICC issues an arrest warrant for Dela Rosa, he cannot be arrested within Senate premises.
On Monday, Senate President Francis Escudero said even if the ICC issues an arrest warrant for Dela Rosa, he cannot be arrested within Senate premises.
Butuyan disagreed.
Butuyan disagreed.
“It creates a responsibility on the part of the senate to surrender him. There is also a rule if Senate is in recess, there is no right to prevent his arrest. So I don’t know how this political issue is going to play out especially if the Executive branch is going to insist on his responsibility to turn over Senator Bato Dela Rosa in the same way that it promptly surrendered Mr. Duterte to the ICC,” Butuyan said.
“It creates a responsibility on the part of the senate to surrender him. There is also a rule if Senate is in recess, there is no right to prevent his arrest. So I don’t know how this political issue is going to play out especially if the Executive branch is going to insist on his responsibility to turn over Senator Bato Dela Rosa in the same way that it promptly surrendered Mr. Duterte to the ICC,” Butuyan said.
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