The International Criminal Court (ICC) has granted the request of former president Rodrigo Duterte to be physically absent in the confirmation of charges starting Monday, February 23.
Despite opposition by the prosecution panel, the chamber ruled in Duterte’s favor, adding his absence shall apply to all sessions.
The Chamber said that Duterte’s request has no impact on the court proceedings.
“The Chamber, while acknowledging the objections of the Prosecution and the CLRV (common legal representatives of victims), considers that, in the present circumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr Duterte,” the ICC explained.
It was not the first time Duterte decided not to be present in sessions regarding his crimes against humanity case. Aside from the first hearing in March 25 last year where he confirmed he is the accused, he has since refused to appear during sessions for his petitions for temporary liberty.
His main defense lawyer Nicholas Kaufman and members of the Duterte family made various claims of his worsening health while inside the ICC Detention Centre in The Hague, adding he could not stand trial in such condition.
Duterte is employing the same tactic of refusing to appear under premises of ill health as well as his inability to recognize the ICC’s jurisdiction over his person, arguing he was “kidnapped” when he was brought to The Hague.
Will Duterte’s absence affect his ICC chances?
Atty. Ephraim Cortez, president of the National Union of Peoples’ Lawyers assisting several families of Duterte’s “war against drugs” said it is just as well that Duterte does not make an appearance.
Kodao: Do human rights lawyers in the Philippines believe Duterte is, as he claims, really frail, sick, and senile?
Ephraim Cortez (EC): No, he is not sick or frail. He is “fit as a fiddle.” And it is for this reason that he opts not to appear. Otherwise, the public will have a glimpse as to how fit he is to face trial.
Kodao: What can you say about his request for non-appearance?
EC: His right to be present during the proceedings and to be informed of the charges is part of due process. But personal presence can be waived, like what Duterte is doing now.
Kodao: Will Duterte’s absence affect the proceedings?
EC: No. The confirmation hearing will proceed. He waived his right.
Kodao: Will his repeated absence impact on how the judges/chamber view his case?
EC: Technically, no. The decision will be decided on the evidence presented by the matters. His presence –or absence – will only matter when he presents evidence and needs to testify to it. But he is not even obliged to testify by invoking his right to remain silent.
Kodao: How should observers view this tactic by Duterte and his legal defense team?
EC: With the disclosures made by the prosecution in preparation for the confirmation hearing, Kaufmann realized that the prosecution has strong evidence against his client. These are damning evidence, and the defense is left with no recourse but to delay the proceedings. # (Raymund B. Villanueva)
