By Joyce Ann L. Rocamora
MANILA – The International Criminal Court (ICC) has granted former president Rodrigo Duterte’s request to skip his confirmation hearing on Feb. 23.
In a court document issued Friday, the ICC Pre-Trial Chamber I said the hearing on Feb. 23 to 27 will proceed as scheduled in Duterte’s absence.
The ICC said the Rome Statute, the treaty that established the ICC in 1998, allows the confirmation hearing to push through even if the suspect waives the right to be present.
“The Chamber assessed that the information included in the request, signed by Mr. Duterte, is sufficient to fulfil the requirements provided for in such provisions,” ICC spokesperson Oriane Maillet said Friday.
“In particular, the Chamber noted that Mr. Duterte stated that he understands he has the right to be present at the confirmation hearing and the consequences of waiving this right, which have been thoroughly explained to him by his Counsel,” she added.
However, the chamber said Duterte must be present during the trial if the charges are confirmed, as the Rome Statute does not permit trials in the absence of the accused.
“Note that the suspect’s absence next week is based on the waiver of the suspect, not on reasons related to health,” Maillet said.
Duterte has been detained at the ICC Detention Centre in Scheveningen, The Hague, the Netherlands, since March last year.
Maillet said the center meets the highest international human rights standards for the treatment of detainees.
“Detained persons are presumed by the Court to be innocent until proven guilty beyond reasonable doubt,” she said.
Filipino lawyer and former Ateneo School of Government dean Tony La Viña explained that preliminary evidence is presented during a confirmation hearing.
“Hindi pa siya proof, hindi pa siya testimony (It’s not yet proof nor a testimony), but the basis of the charges, what he is being accused of, and what is the evidence for those charges,” he said in an interview on the sidelines of a book launch in Pasay City on Friday.
“The defense is supposed to give their case as to why this evidence is not valid, not sufficient for the charges. Hindi pa ito guilt (It’s not yet a determination of guilt). It’s just whether or not the charges are appropriate, and therefore the trial should proceed,” he added.
The confirmation hearing, he explained, is similar to pre-trial proceedings in the Philippine justice system. (PNA)
