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NewsTranscript
00:00Now, let's talk about the current situation of former President Duterte in the International Criminal Court.
00:06Let's talk to the Executive Director of the Center for International Law, Philippines
00:10and one of the five accredited Filipino lawyers of the ICC in The Hague, Netherlands,
00:16Attorney Gilbert Andres.
00:18Good morning and thank you for inviting us here in Balitang Hali.
00:24Good morning and good morning to our listeners.
00:29What can we expect from the initial court appearance of former President Duterte in the ICC?
00:38Yes, there are three things.
00:40First, we need to identify that he is the person in the restaurant.
00:47Second, we need to verify with the pre-trial chamber that he understood the charges.
00:55Third, we need to verify that Mr. Duterte knows his rights under the ICC Rome Statute.
01:05And fourth, we need to ask him if he will file an application for interim release.
01:19And who do you expect to be in the courtroom later?
01:25Of course, we expect that he will be there, his lawyer will be there, and I think the prosecution as well.
01:34Okay, so this is very exclusive.
01:38No media can enter or anything else?
01:44Yes.
01:45Actually, it's public so it can be accessed.
01:50There is accreditation in the media.
01:55Actually, it can be accessed online.
01:59There is only a 30-minute delay or security response.
02:03That's why it can be monitored.
02:07Okay.
02:08Former Executive Secretary Salvador Medealdea was requested by the former president to represent him in the ICC proceedings.
02:16What can you say about that?
02:20Well, that's the beauty of the ICC because the due process is an intrinsic part of the ICC.
02:28The right to fair trial and right to unaccused is an intrinsic part of the ICC.
02:35That's the importance of the due process.
02:38In fact, the big question here is whether the so-called suspects in the war on drugs were given a due process.
02:48That's the beauty of the International Criminal Justice.
02:54The right to fair trial rights is an intrinsic part of that process.
03:01We have always heard in the field of former President Duterte that there were crimes against his arrest here in the Philippines.
03:10If they were convicted in the ICC hearing later,
03:15can this have an effect here in Tagal or in their requested interim release?
03:25Yes.
03:26Of course, there will be procedural time periods.
03:32But it's part of the process.
03:36That's how it is.
03:37There's actually a firm legal basis, both under international law and under Philippine domestic law, for the arrest of Mr. Rodrigo Duterte.
03:49In our domestic law, the basis is Republic Act 9851 or IHLA.
03:56Section 17 states that Philippine authorities may surrender a person who is being investigated or prosecuted before an international tribunal.
04:06That's the legal basis.
04:08The law was passed before we became part of the Rome Statute.
04:14That's why there's no reason for us not to be part of the Rome Statute,
04:19that we can't be arrested under RA 9851.
04:25I'll go back to the question earlier,
04:28the former President's legal team is saying that they will apply for interim release.
04:34If they are able to apply, where will former President Duterte stay?
04:43Will he be able to go home here or will he stay in the area of the Netherlands?
04:49That's two processes, Connie.
04:51The first one is to apply and what will be the resolution of the pretrial chamber in the application.
04:59Actually, we'll look at the first process of applying for an interim release.
05:08We'll look at the pretrial chamber,
05:11the conditions of the arrests,
05:16why the arrests were applied,
05:18and whether he will stay even now that Mr. Rudy Duterte is in custody.
05:25What are the reasons for the issue of an arrest warrant?
05:31The reason for the pretrial chamber is to force Mr. Duterte to attend the hearings.
05:45It is stated that there is a portion of the arrest warrant that is still in force.
05:51Mr. Duterte still has power.
05:55He needs to be arrested so that he can go here because the summons are not allowed.
06:04It is also stated that there is a portion of the arrest warrant for the security of the witnesses.
06:16The pretrial chamber will look at whether he will stay even now that Mr. Rudy Duterte is in custody.
06:24Even if he is detained, and if they see that he is still in custody,
06:31they will not grant an interim release.
06:35If it is at the discretion of the pretrial chamber, they will think that he did not apply.
06:42Theoretically, an interim release can be granted with conditions or without conditions.
06:51That is the two-step process.
06:54We will let it go because that is what the pretrial chamber will look at.
07:01Can the so-called interim release also apply for house arrest or hospital arrest within the Netherlands?
07:13You know, the International Criminal Tribunal, the ICC, is very peculiar.
07:20Do you know why?
07:21Technically, Mr. Rudy Duterte is under the custody of the ICC.
07:27He is not under the custody of the Netherlands.
07:31That is what we should consider.
07:35That is why it looks like a hospital arrest if there is no health issue.
07:40Because Duterte already looked at him.
07:44He looked at him because the ICC checked him first.
07:49The suspect is in good condition.
07:54That is why it was checked.
07:56That is why it looks like a hospital arrest.
07:59Just to be clear, can this be watched online?
08:04Is this through the ICC website?
08:09Yes. In fact, Connie, there are already documents.
08:12If our countrymen look at the ICC website,
08:18there are already three documents there in relation to the hearing this afternoon, paid time.
08:26Okay. Thank you very much for the time you gave us here in Balitang Hali, sir.
08:33Thank you, Connie, and long live to all of us.
08:35That was the Center for International Law, Philippines Executive Director, Attorney Gilbert Andres.