MANILA — Former president Rodrigo Duterte on Friday failed to attend in person an initial hearing at the International Criminal Court, where he faces crimes against humanity charges over his deadly crackdown on drugs.

The 79-year-old, the first ex-Asian head of state charged by the ICC, followed by videolink during a short hearing to inform him of the crimes he is alleged to have committed, as well as his rights as a defendant.

Sounding frail and wearing a blue suit and tie, he spoke briefly to confirm his name and date of birth. Presiding Judge Iulia Motoc allowed him to follow proceedings in absentia due to his long flight to The Hague.

Rodrigo Duterte makes first ICC appearance

She set September 23 as the date for the next stage of the process: a hearing to confirm the charges.

In that hearing, prosecutors need to present evidence “to show that there are substantial grounds to believe” that the court needs to press ahead with a trial, said Gilbert Andres, a lawyer of drug war victims.

“Example nito siguro mga dokumento na nagpapakitang may polisiya talaga ng pagpatay under sa war on drugs, kagaya po ng word na ‘neutralization’ na na-cite din po sa arrest warrant, at mga orders sa pulisya at sa iba pang tao na gawin yung EJKs,” he told TeleRadyo Serbisyo.

“Puwede naman pong verbal [ang ebidenya]… The president is a different kind of public officer kasi whatever the president says, that is policy for the state,” added Andres, deputy executive director of the Center for International Law Philippines (CenterLaw). 

“Talagang pinakapakay po nito ay maipakita na dapat ituloy sa trial proper,” he said.

A suspect can challenge the prosecutor's evidence at the confirmation of charges hearing.

Only after that will the court decide whether to go ahead with a trial, a process that could take several months or even years.

Duterte stands accused of the crime against humanity of murder over his years-long campaign against drug users and dealers that rights groups said killed thousands.

War on Drugs, The Unheard Voices 

In the prosecutor's application for his arrest, he said Duterte's alleged crimes were "part of a widespread and systematic attack directed against the civilian population in the Philippines".

"Potentially tens of thousands of killings were perpetrated," the prosecutor alleged of the campaign that targeted mostly poor men, often without proof they were linked to drugs.

“We’re presuming this will go to trial and mukhang confident tayo na mapunta siya sa trial,” Andres said.

“Ready po kami mag-present [ng witnesses]... Hindi ko lang po masabi ang exact number based on security reasons,” he added. 

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INTERIM RELEASE

While he waits for the September hearing, Duterte may seek legal remedies, including an interim release from detention, noted Kristina Conti of the National Union of Peoples' Lawyers and assistant to counsel of the ICC.

She said Duterte could cite his health in pushing for his release and return to the Philippines.

“May laban pero kailangang ipakita na sa Pilipinas lang siya gagaling… Pero maraming ospital sa The Hague at babayaran ng ICC ang pangangailangan niya, even for specialist care kung kailangan talaga niya,” Conti said. 

“Kung kaya niyang kumbinsihin ang korte na sa Pilipinas ang pinakamainam na lugar para sa kanya, walang security threat sa kanya o kaya sa mga prosecution witnesses, walang magiging problema at makakabalik siya sa The Hague kapag mayroong schedule, papayagan siguro,” she told TeleRadyo Serbisyo

“Pero again, unlikely dahil sa napakaraming sikumstansya against him, lalo na yung posibilidad na tumakas siya, posibillidad na magamit ang influence niya,” she added.

Conti said Duterte could also question the jurisdiction of the court.

“Karapatan niya ito and of course, inaasahan namin na kukwestyunin niya lahat yan bago ang September. Dapat areglado na lahat ‘yan…bago ang confirmation of charges,” she said. 

FIRST ICC HEARING

Last Friday, Duterte’s lawyer Salvador Medialdea told the court that his client had been "abducted from his country".

"He was summarily transported to The Hague. To lawyers it's extrajudicial rendition. For less legal minds, it's pure and simple kidnapping," said Medialdea.

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The lawyer also said that Duterte was suffering "debilitating medical issue", adding: "Other than to identify himself, he is not able to contribute to this hearing."

Duterte appeared sleepy during the proceedings, closing his eyes frequently for long periods.

But Motoc told Duterte: "The court doctor was of the opinion that you were fully mentally aware and fit."

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According to international law experts, his whirlwind arrest and surrender offers a welcome boon to the embattled ICC, which is being attacked from all sides and sanctioned by the United States.

"I see the arrest and handing over of Duterte as a gift at an important moment in time," Willem van Genugten, Professor of International Law at Tilburg University in The Netherlands, told AFP.

The former leader's daughter Vice President Sara Duterte said she had visited her father for an hour in the detention center and that he was "in good spirits, well looked-after" and "well rested", his main complaint being about the food.

"He told me that all he does is sleep and watch TV... (he said that) my only complaint is that I really miss Philippine food," Sara Duterte told reporters at a chaotic press conference surrounded by supporters.

She said British-Israeli lawyer Nicholas Kaufman would be the lead counsel of her father, while former executive secretary Salvador Medialdea and former presidential spokesperson Harry Roque would be part of the panel's supporting lawyers. 

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— With a report from Agence France-Presse