ICC grants Duterte's request to skip detention hearing on Feb. 27
The International Criminal Court granted former president Rodrigo Duterte's request to skip his detention hearing.
In a four-page decision on Wednesday, Feb. 25, the ICC Pre-trial Chamber I ruled that it acknowledged Duterte's right to waive his right to attend the trial in accordance with the court's existing rules.
"Considering that nothing in the Court’s legal framework requires the presence of the suspect at the hearing mandated by rule
118(3) of the Rules, the Chamber finds that, in the present circumstances, it is appropriate to grant Mr Duterte’s [r]equest," the decision read.
"The Chamber notes Mr Duterte’s statements that he understands that he has a right to be present at the hearing but ‘wish[es] to waive this right’ and that his ‘Counsel has explained to [him] the legal consequences emanating from such a waiver," it continued.
Despite the ruling, Duterte's hearing on detention will push through even without his presence.
On Feb. 23, Duterte's defense team submitted his written waiver to the ICC, signed by his legal counsel Nicholaus Kaufman, on the grounds that a suspect's appearance at the hearing is not mandated.
"My Counsel has explained to me the legal consequences emanating from such a waiver, and I trust him and my ICC legal team to represent me faithfully," Duterte said in a letter, saying he would also like to attend the hearing online.
Under Rule 118 of the ICC's Rules of Procedure and Evidence, "The Pre-Trial Chamber shall review its ruling on the release or detention of a person in accordance with article 60, paragraph 3, at least every 120 days and may do so at any time on the request of the person or the Prosecutor."
The ICC earlier allowed Duterte to skip attendance at his confirmation of charges hearing. Feb. 27 is the last day in the series of hearings.
Duterte's homecoming
Also on Wednesday, Vice President Sara Duterte said her family is no longer optimistic about the Duterte patriarch's return to the Philippines.
“We are no longer looking at the chances of (the former president) coming home. We’re no longer talking about that," she said in an interview.
“If you see his statement in court, he told the court that ‘I have accepted that it is possible that I will die here in the ICC prison.’ It was stated in his statement to the court that he would not attend the hearings on confirmation of charges,” she added.
She also thanked Duterte's legal counsel for representing his father well in court. “I am thankful to Atty. Kaufman and the entire legal defense team of former president Rodrigo Duterte on his case at the ICC, his preparations and how they showed confidence that there is no evidence to prove that former president… committed the alleged crimes."
The ICC previously barred in-person visits to Duterte during the hearings, even those of his family. (with reports from Bella Cariaso)