MANILA: Former President Rodrigo Duterte will have to remain in detention at The Hague ahead of his trial after the Trial Chamber (TC) III of the International Criminal Court (ICC) found that the chances of him evading the proceedings and meddling with witnesses have increased.
And even with his supposed cognitive issues, the chamber did not impose new measures for his continued detention at the Schveningen prison complex.
The TC III, in a five-page second decision on Duterte’s detention released on Wednesday night (Sept 16), said that the turnover of the names of witnesses and a huge pile of evidence, as well as the latest findings of court-appointed doctors to reassess his health at the trial stage, increased the risk of the ex-leader fleeing or obstructing the proceedings.
These were among the significant developments that could impact his participation in the trial since all of Duterte’s charges for crimes against humanity case were confirmed by the Pre-Trial Chamber (PTC) I in April.
“There is, therefore, a likelihood of the accused absconding and/or obstructing or endangering the investigation or the court proceedings. In respect of the latter considerations, owing to the prosecution’s submission of the witness and evidence Lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” said the chamber presided over by British judge Joanna Korner.
It also noted that in the event Duterte is convicted, he could likely be meted a lengthy prison sentence, the chamber said. It, therefore, found that Duterte is not eligible to be released temporarily from detention, with or without conditions.
Citing the latest results of court-appointed doctors who reexamined his condition, the TC III found no new information that “warrants a modification of the accused’s detention.”
“Furthermore, the defence’s observations do not provide any information that constitutes new facts or a change in circumstances,” it added.
The former leader earlier asked the court to release him conditionally because of health concerns, but he has yet to receive a ruling in his favour on the matter.
The TC III’s latest ruling on the review of Duterte’s detention affirms its earlier decision in May that also maintained his being kept in detention because of a high chance he would flee the court’s jurisdiction.
Under the Rome Statute, a chamber is mandated to determine every 120 days whether there is change in circumstances or risks continue to exist in the detention of an accused.
In earlier decisions, both the PTC I and the TC III pointed to Duterte’s dismissal of his detention in ICC facility as “kidnapping,” which they said demonstrates that the ex-leader has no plans of complying with court orders should he be allowed temporary liberty. - Philippine Daily Inquirer/ANN
