THE HAGUE: Former President Rodrigo Duterte remained in “good spirits” as the confirmation of charges hearing in his crimes against humanity case opened at the International Criminal Court (ICC), his lead defence lawyer Nicholas Kaufman said.
Citing attorney-client privilege, Kaufman told reporters that Duterte was “extremely happy with how things are going” after the defence team visited him in detention to brief him on the pretrial hearing.
“He is always in good spirits. He’s an 80-year-old man; he has all the conditions expected of an 80-year-old man. He has extra conditions which accompany his cognitive state,” Kaufman said.
The British-Israeli lawyer also maintained that President Ferdinand Marcos, Jr is “behind this whole escapade” of allegedly “funding witnesses” in the case. Duterte is accused of three counts of murder and attempted murder over the killings of 78 individuals suspected of being drug users and traders.
The defence is set to present its submission on merits on Thursday (Feb 26) before the Pre-Trial Chamber (PTC) I, following those of the prosecution and the common legal representatives for victims.
Meanwhile, after skipping the confirmation of charges hearing, Duterte also asked the Pre-Trial Chamber (PTC) I of the International Criminal Court (ICC) for permission to miss the hearing reviewing his detention.
In a waiver dated Feb 23 and signed by Duterte, he told the court he is waiving his right to attend the annual hearing scheduled for Friday (Feb 27), without citing a specific reason.
“My counsel has explained to me the legal consequences emanating from such a waiver, and I trust him and my ICC legal team to represent him faithfully,” said the former leader, who remains detained in the Scheveningen prison complex, a few kilometres away from the ICC.
Duterte also told the PTC I that he does not want to attend the hearing, even from outside the courtroom or via videoconference.
The defence, led by Nicholas Kaufman, noted in a separate notice that the one-page waiver was prepared for and read to Duterte for his approval and signature.
The written request for Friday’s hearing is in compliance with the directive of the chamber to the defence to submit a separate waiver should Duterte wish to also skip the annual review on his detention.
Under Rule 118(3) of the ICC Rules of Procedure and Evidence, which sets the guidelines on pre-trial detention of an accused, the PTC may initiate or conduct an annual hearing, either upon the request of the prosecutor or the detained individual.
Duterte has been held at the ICC detention facility for nearly a year since his arrest on March 11 at the Ninoy Aquino International Airport.
He had requested for temporary liberty, claiming that he does not pose a threat to victims and witnesses, but this was ultimately denied by the chamber. - Philippine Daily Inquirer/ANN
