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NewsTranscript
00:00The former President Rodrigo Duterte is on his way back home with the government law enforcement of the Philippines.
00:06We will talk to ICC Assistant to Council, Atty. Cristina Conti. Good morning and welcome to Balitang Hali.
00:12Good morning.
00:14The former President Duterte is with the authorities of the Philippines. What can you say about this?
00:19Does this have anything to do with the investigation of the ICC?
00:23Until now, I've been checking the ICC website. They still don't have an official confirmation if this is a warrant of arrest.
00:30But we are excited if there is a warrant of arrest and it is enforced now.
00:35For the many crimes that were admitted and Duterte was charged with, if finally there is a result in the arrest and eventual trial of the former President,
00:47then welcome for us, the victims of war on drugs.
00:50Even if this is not an ICC warrant, we are sure that it will be followed by the ICC.
00:55But what is the protocol when a warrant of arrest is issued?
00:59Is the ICC really issuing this publicly? Is it posted on their website? What is their SOP?
01:05No. That's why I'm waiting for this arrest because according to the ICC rules,
01:13this will be the product of the confidentiality principle or concept in the ICC.
01:19All events are secret while investigating and there will only be movement if there is an event.
01:26And this arrest, if this is in the ICC, should be turned over to the court so that the trial can start formally and publicly.
01:37This starts with the first hearing, then confirmation of charges.
01:41But in this arrest, it is not really required to make it public because there is an implication of publicity.
01:49If you were first informed or notified, you might escape or avoid it.
01:55That's why this arrest in the ICC is an example of what should happen.
02:04You will not make it public or you don't need to make it public because there is an implication
02:09and this will be the product of the arrest itself, the issuance of the warrant.
02:15In the mere fact that Interpol is here at the airport,
02:20what is the difference of the red notice when they issue an arrest warrant that is possible to be issued by a court?
02:26How does a court coordinate with Interpol?
02:30The warrant of arrest in the Philippines should be issued by a judge, a court.
02:37So it is issued by the International Criminal Court and distributed or given either to the country of the Philippines,
02:44to other member states, and to Interpol as a partner of data sharing and information sharing.
02:51Interpol will issue a red notice or request to all its members
02:58to provide information on the involvement of wanted criminals.
03:03The red notice can be secret or confidential or not.
03:07It depends on the probability of arrest.
03:10Even if the Philippines and China are not members of the ICC,
03:14where the Special Administrative Region of Hong Kong is, Interpol is a member.
03:19For many, this is already an ICC warrant because there is no other.
03:24However, the ICC is not yet announced.
03:27That's where we are stuck.
03:29But whatever it is, we will find out.
03:31If it will be thrown away, that's where it will be.
03:35It will be an ICC trial.
03:37When Interpol requests, does the host country have a choice to refuse it?
03:41Or is their help limited to Interpol?
03:45To be honest, no.
03:47It's a mutual agreement.
03:49If you have information on a wanted criminal, an internationally wanted criminal,
03:55you should share it with the group.
03:57This is data sharing to a minimum.
04:00In reality, the red notice is not an instruction to arrest you from Interpol.
04:06The instruction or authority comes from the ICC or the court.
04:11But in this case, it's not just data sharing because the authorities of the PNP are there at the airport.
04:16Anyway, back to the first news.
04:18Interpol.
04:19Yes, Interpol.
04:20It can be a part of data sharing but they are not the ones who will be arrested.
04:25Yes.
04:26They are there.
04:27There is really something like that.
04:29Interpol should create an international team to monitor the activities.
04:34Sometimes, it's in the Olympics, etc.
04:37So that they can monitor.
04:39There is coordination.
04:40Yes, coordination.
04:41Okay.
04:50Okay.
04:51In the first news, you said that the former president is not ready for the trial.
04:55Is there a bearing if he is ready or not?
04:57If the ICC has an arrest warrant or he will fight for the arrest warrant because he is not ready for the investigation of the ICC?
05:11He is not ready because of his statements.
05:13Arrest me but you don't have a jurisdiction.
05:17Even though they are saying a lot of things,
05:21they are not the first to file a responsive pleading in the International Criminal Court regarding this.
05:27They are not saying, stop this case.
05:32Don't bring me closer.
05:33He has no explanation about this case.
05:37Even though we have said that there are no summons to him,
05:40he has already been named in the initial documents submitted by the Office of the Prosecutor.
05:47Secondly, he has not been filed or he has no issue in the courts.
05:52That's why I know that it's a wait and see.
05:56But from all I see, from his side, they are ready to speak up.
06:01But I'm not sure if they have the documents to back that up.
06:05This is one of the questions that I'm questioning regarding the ICC arrest warrant.
06:09The former president has not been summoned yet.
06:12So how can he be arrested if he's not responding to the case that was filed against him?
06:16What can you say about this?
06:18Unlike us, we don't need summons first.
06:25The warrant of arrest can be filed directly even if the investigation is ongoing.
06:29This is in the concept that in the ICC, the trial is a serious crime.
06:35It's really obvious and there's a chance that someone will escape.
06:40That's why the warrant of arrest can be issued when the court sees that this person,
06:46with reasonable basis to believe that he or she is the most responsible for crimes against humanity,
06:53and there's a possibility that he will escape.
06:56That's why the warrant of arrest can be issued immediately even if the investigation is ongoing.
07:00So what can you say about the government's response to this issue regarding the former president,
07:05in relation to the ICC investigation?
07:08Victims are happy about this.
07:10A while ago, I received a text from a victim saying,
07:13Welcome! Welcome!
07:15Because this is clear that we will have a chance to investigate this case of crimes against humanity.
07:22They said, this is just a prop.
07:24You're always ruining our beloved president.
07:28This is the chance to confront a fair and just court.
07:34Not the one that will shout, humiliate, and throw arguments that will never end.
07:42In front of the International Criminal Court,
07:44we will remember if he is the one and how the war on drugs was implemented
07:49and thousands of people were killed and thousands of others were jailed and detained.
07:55Of course, as we mentioned, there is still no guarantee that the former president has a warrant of arrest from the ICC.
08:01But how is the protocol when it comes to cases like this?
08:04Because there are cases like this against heads of state,
08:07and sometimes the state does not notice the warrant of arrest from the ICC.
08:10But how is the protocol?
08:12If he was caught, what are the next steps?
08:15I'll take it from the view of the Philippine government.
08:18Of course, I don't want to get involved in that.
08:20I will turn over the accused after the service of the warrant to the police of a member state of the ICC.
08:28Or I will transfer it to the Hague, which is the seat of the court.
08:34There, it's up to them.
08:36My scene is done.
08:38We will go in there as representatives of the victims
08:43on how the trial will continue with the Office of the Prosecutor.
08:47In the prosecution, the title is Office of the Prosecutor vs. Rodrigo Roa Duterte.
08:58Attention please.
08:59Attention please.
09:00We will come back to you.
09:01We have breaking news.
09:03We have breaking news.
09:04A statement was issued by the Presidential Communications Office
09:07that Interpol received the official copy of the warrant of arrest from the International Criminal Court.
09:16It is for the case of Crimes Against Humanity.
09:19Atty. Conte, what is your reaction?
09:21There is an official statement from the palace.
09:24Of course, we are happy that it is in accordance with the first statement of the President.
09:30He said, we will allow the ICC to investigate.
09:33And if it is necessary to implement a warrant of arrest, we will do it.
09:39It did not work.
09:40We expect that the trial will continue in the courts of the Hague.
09:46How fast is this process?
09:48Now that there is an arrest warrant, it has already been obtained,
09:50it will be brought to Camp Cramie, I would presume.
09:52What are the next steps?
09:54Sorry.
09:55Maybe not in Camp Cramie.
09:57According to protocol, because there is no authority,
10:00there is no Philippine court, it should be brought directly to the Hague.
10:05It should be brought directly to the Hague.
10:08So that is how fast it is?
10:09It should not take too long in the Philippines.
10:11So from...
10:13Go ahead.
10:15It depends on the agreement.
10:17Maybe there is no flight yet.
10:19It is not immediate.
10:21What I know is that European flights are usually at night.
10:25And it depends on who is the carrier.
10:27Has the ticket been bought?
10:28Who will go with them?
10:30Because if the accused is asking for someone to go with him,
10:35he might need a doctor.
10:38Of course, you will ensure the safety and security of the accused.
10:43But it should be brought directly to the Hague.
10:48We just discussed this.
10:51When it comes to prison, you will be given a packet of materials.
10:55Papers where you will be given your rights as a detainee,
11:01what are the charges against you,
11:04thirdly, there is a list of lawyers who can represent you
11:08because not all lawyers are authorized to appear before the court.
11:14You will be interrogated.
11:16Within a week, you will be called again by the court
11:19for the first hearing or confirmation of charges.
11:22It's like an arraignment for us.
11:24And the trial will continue.
11:26The average time or period of hearing in the ICC is 8 years.
11:31One of the longest is 10 years.
11:34But one of the fastest is 2 years.
11:37So it depends on how angry you are
11:42or how much the Duterte camp will contest the charges against you.
11:46What does a line in the statement of the PCO mean?
11:50Prosecutor General of the ICC issued a notification for an arrest warrant
11:54against the former president?
11:56Is he officially arrested?
11:59It's hard. I waited for Karim Khan.
12:02Karim Khan is the prosecutor of the International Criminal Court
12:08and he usually announces that.
12:10But he may not announce it.
12:13With the confirmation of the Philippine government,
12:16which should be in receipt of this warrant of arrest,
12:19then I have reason to believe that it's true.
12:22So we are waiting.
12:24The time now is 11.
12:28It's still early in the day.
12:30So I think people are already awake.
12:34When the office hours arrive, we will be clearer.
12:36Office hours in Europe, we will be clearer in this issue.
12:39It's 5 a.m. now.
12:41What's more important is what time Duterte will arrive
12:45because that's when the taking into custody will start.
12:48It's like he's already arrested and we can arrest him.
12:52Very, very quickly.
12:53Is the health of the former president a consideration?
12:57It's possible.
12:58But in the ICC, there are a lot of doctors there
13:00and they will make sure that he will be seen before he is put in prison
13:05and at the time that he is inside the prison.
13:08He can also ask for assistance anytime.
13:10Okay. Thank you very much for your time in Balitang Hali.
13:14Thank you. Take care.
13:16ICC Assistant to Counsel, Atty. Christina Conti.