What happens next after Rodrigo Duterte's arrest?
The Philippine National Police on March 11 have arrested Rodrigo Duterte over a warrant from the International Criminal Court following charges of crimes against humanity during his term as president and Davao City mayor.
Upon assuming office in 2016, the Duterte administration launched its flagship bloody war on drugs called Oplan Tokhang, which saw the execution of thousands of suspected drug peddlers, users, and small-time criminals.
Based on the government's "Real Numbers" data, a total of 6,229 individuals were killed during anti-drug operations from July 1, 2016, to Jan. 31, 2022.
Rights groups, however, estimated that the number of deaths from the bloody anti-narcotics campaign reached as high as 27,000.
Now that Duterte is in the hands of the PNP, what happens next?
Atty. Kristina Conti, ICC assistant to counsel, in an interview with GMA Network's Balitanghali, said that Duterte is expected to be turned over to The Hague in the Netherlands, where the ICC tribunal is based, as soon as possible.
"Para magsimula ang pormal at publicly ang trial," Conti said.
She noted that there will be a first hearing and confirmation of charges against Duterte, who will be imprisoned upon arriving at The Hague.
"Doon na papasok kaming mga representatives of victims kung paano magpapatuloy 'yung trial kasama na 'yung Office of the Prosecutor," she said.
Conti pointed out that Philippine courts have no authority over Duterte's ICC charges.
"Didiretso dapat 'yan sa The Hague... hindi na magtatagal sa Pilipinas," she said.
But things may not be as quick as they seem, with transportation and logistics to factor in.
"Depende sa kasunduan, baka wala pang flight. Di ka-agad agad yan. Ang alam ko Eurpoean flights usually mga gabi. Depende kung sino carrier, nakabili na ba ng ticket," Conti said.
The ex-president was taken to Villamor Air Base following his arrival in the Philippines.
Conti noted that Duterte may request companions during the trip to The Hague, and his wishes must be respected. Companions may include doctors.
Duterte will also be given a "packet of materials" detailing his rights, the charges against him, and the list of ICC-authorized lawyers who may represent him.
"Pagmumuni-munian niya 'yan, mga isang linggo," Conti said. "Tapos ipapatawag siya uli ng korte para sa first hearing o confirmation of charges, parang arraignment sa atin."
Conti noted that the average period of ICC trials is eight years. Trials can go as long as two years and as high as 10.
"Depende kung gaano ka-litigious o kung gaano ico-contest ng Duterte camp ang mga charges sa kaniya," she said.
As to whether Duterte's health will affect the trial, Conti said the ICC has many doctors who will attend to him before and while inside the prison.
In his last public appearances, Duterte is visibly weak and his speech has become slower.
How the ICC works
The Rome Statute, the ICC's founding treaty, gives the tribunal jurisdiction over four main crimes: genocide, crimes against humanity, war crimes, and crimes of aggression.
The ICC prosecutes crimes against humanity, which has 15 forms listed in the Roman Statute: murder, rape, imprisonment, enforced disappearances, enslavement (particularly of woman and children), sexual slavery, torture, apartheid, and deportation.
After crimes occur, the ICC first undergoes preliminary examinations. The Office of the Prosecutor must determine whether there is sufficient evidence of crimes of sufficient gravity falling within its jurisdiction, whether there are genuine national proceedings, and whether opening an investigation would serve the interests of justice and of the victim.
"If the charges are confirmed, only then will persons be considered 'accused' and the crimes legally characterized and individualized," University of the Philippines College of Law professor Atty. Ross Tugade said in a Facebook post.
Once gathering evidence and identifying a suspect is done, the Prosecution requests ICC judges to issue an arrest warrant or a summons to appear.
The pre-trial stage involves an initial appearance of the suspect for three judges to confirm their identity and ensure they understand the charges.
After hearing the Prosecution, Defense, and legal representative of victims, the judges decide (usually within 60 days) if there is enough evidence for the case to go to trial.
"The Philippine authorities must do this by the book lest the arrest becomes reduced to (and used as) a long-drawn political drama between factions of elites," Tugade said.
"Lots of things can still happen ahead. Pressure is on PH authorities to do this properly."
The Prosecution then must prove that the accused is guilty beyond reasonable doubt. Judges will consider all evidence, issue a verdict, and when the suspect is guilty, issue a sentence. They can sentence a person to up to 30 years of imprisonment, and under exceptional circumstances, a life sentence.
After the trial, the Prosecutor and the Defense have the right to appeal the decision on the verdict and the sentence. The victims and the convicted person may appeal an order for reparations.
The Appeals Chamber will then decide whether to uphold the appealed decision, amend, or reverse it.
Sentences are then served in countries that have agreed to enforce ICC sentences.
Duterte's impending arrest
On the night of March 8, rumors circulated about the ICC's impending arrest of Duterte for crimes against humanity.
Two weeks before that, Duterte was reportedly informed about the upcoming arrest warrant.
Duterte, his daughter Vice President Sara Duterte, and their closest allies flew to Hong Kong days before the arrest warrant rumors came.
He was accompanied by “10 people including bodyguards," according to a report from Hong Kong's The Standard.
Amid claims of evading arrest, the Duterte camp said he went to Hong Kong for a thanksgiving event with OFWs.
The following day, Malacañang acknowledged the rumors and said the government "is prepared for any eventuality."
Hours before Duterte's arrest, he told GMA News in a video interview that he will "deal with the problem directly as a lawyer."
"Gagamitin ko na ‘yung pagka-abogado ko,” he is quoted as saying in the article published at 8:52 a.m.
As to whether he'd appear if the ICC summoned him, he responded, “I would say that not really appear or non-appearance."
Malacañang, in a statement at 11:05 a.m., confirmed Duterte's arrest upon his arrival in Manila. It said Interpol Manila received an official copy of the ICC warrant against him.
While at Villamor Air Base, he questioned his arrest in an Instagram story posted by his daughter, Kitty Duterte.
"What is the law and what is the crime I committed?" he said. "Assure to me now the legal basis for my being here. I was brought here not of my own volition but somebody else's. You have to answer now for the deprivation of [my] liberty."
