MALAYBALAY CITY (MindaNews / 20 February) – The Office of the Prosecutor of the International Criminal Court has formally opposed the request by former Philippine President Rodrigo Duterte to waive his right to appear in court during the confirmation of charges hearing scheduled on February 23, 24, 26, and 27.
In a redacted response to Duterte’s appeal filed on February 19, the Prosecution said Duterte is “available, fit, and should attend the hearing in person.”
Citing the court’s Rules of Evidence and Procedure and provisions in the Rome Statute, the document stated “Mr Duterte is not entitled to unilaterally excuse himself from attending the proceedings in-person. It is ultimately for the Chamber to decide ‘whether there is cause’ to hold the confirmation hearing in the absence of the suspect.”
It further argued that Duterte’s non-recognition of the court’s jurisdiction, and his claims that he was kidnapped and the charges against him constitute “an outrageous lie” invented by his political opponents are a continuation of his rejection of the legitimacy of the proceedings against him before the court.
“His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence,” it added.
The document also noted that the Pre-Trial Chamber, deciding based on “extensive independent medical evidence and expert opinion, concluded that Duterte is both physically and mentally fit to participate in the confirmation proceedings.
“As such, Mr Duterte’s complaints that he is ‘old, tired, and frail’ are irrelevant,” it said.
The Prosecution cited an expert panel’s conclusion that Duterte is “fit, competent, and physically and mentally able” to participate.
Article 61 of the Rome Statute requires the presence of the Prosecutor, the person charged, and his or her counsel during the confirmation of charges hearing.
It also provides that “The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has: (a) Waived his or her right to be present; or (b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.”
In such a case, “the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.”
As pointed out by the Prosecution, there is no provision allowing a person charged to unilaterally excuse himself or herself from the proceedings in person. (H. Marcos C. Mordeno/MindaNews)
