The International Criminal Court (ICC) has assured former President Rodrigo Duterte of fairness as he faced the Pre-Trial Chamber I for the first time on Friday evening, March 14 (Manila time).
Presiding Judge Iulia Antoanella Motoc first highlighted that Duterte is presumed innocent until proven guilty before the court.
Motoc announced that Duterte’s confirmation of charges hearing is on Sept. 23 or six months following his arrest on charges of crimes against humanity over the bloody war on drugs during his presidency.
The confirmation of charges hearing is when the chamber decides whether there’s sufficient evidence against a suspect, determining if the case should proceed to trial.
Clad in a suit in a shade of blue, the 79-year-old Duterte seemed frail as he faced through video link the judges who informed him of the nature of his alleged crimes and his rights while he was under the court’s custody.
The initial hearing proceeded to inform Duterte promptly and in detail of the charges against him. This includes the nature, cause, and content of the allegations in a language a suspect fully understands and speaks.
In the case of Duterte, the language used was English as he did not deem it necessary to hire an interpreter, which is also among his rights.
DUTERTE’S RIGHTS
Duterte has the right to legal assistance. He appointed former executive secretary Salvador Medialdea as his counsel. Medialdea likewise appeared in the courtroom during the initial hearing.
Motoc reminded the defense that they have the right to free legal assistance if they lack sufficient means to pay for one.
Judge Motoc said that Duterte had the right to remain silent. He cannot be compelled to testify against himself or confess guilt. His silence may not be used as evidence of guilt during pre-trial or trial proceedings.
The prosecution must disclose to Duterte any evidence in their possession or disposal that shows or tends to show his innocence or mitigate his guilt or that could undermine the credibility of the evidence against him. This ensures that Duterte has access to evidence that may prove his innocence, reduce his culpability, or weaken the prosecution’s case.
At the confirmation of charges hearing, Duterte can contest the charges, challenge the evidence presented by the prosecutor, and present evidence.
“There will be no trial if the charges are not confirmed or if the proceedings against you are completed,” Motoc said.
Duterte also has the right to have the time and facilities necessary to prepare his defense and to communicate freely and confidentially with his counsel.
The former president is likewise protected from self-incrimination and coercion. Statements obtained through torture, coercion, or any form of duress during questioning or investigation are inadmissible.
As former president Duterte awaits his confirmation of charges hearing, his legal rights serve as a reminder that due process applies to all, regardless of status or past authority. (Argyll Geducos)
