Phoner: Atty. Kristina Conti: Legal ang pag-aresto kay FPRRD

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Transcript

00:00At this point, we will talk to the Assistant to the Council for the ICC, Atty. Cristina Conte, regarding the arrest of former President Rodrigo Duterte

00:09because of his case of Crimes Against Humanity in the International Criminal Court.

00:13Good evening, Atty. Conte. This is Joshua Garcia reporting for Panbansa from PTV.

00:18Good evening.

00:20Atty., first of all, in your opinion and knowledge, did all the legal requirements for the arrest of former President Rodrigo Duterte comply?

00:30From what I saw in the clips and pictures, and from what Duterte Camp himself said,

00:40the protocol was followed according to the Philippine law.

00:45The protocol that was followed, as stated in the Rome Statute, was according to the process in which the country arrested him.

00:52So, I was happy that finally we saw something that was legit, proper, and not questionable that the warrant was issued.

01:02Of course, it was complicated, political, and controversial.

01:06But first, the warrant of arrest, why was there a picture of him holding the document?

01:14Second, he did not mention why there was a video of them talking to General Torre, and so forth.

01:20So, for me, I do not see any reason to say that there is a difference or irregularity regarding the arrest.

01:30All right. Let us clarify for the public's knowledge, Atty., even though we are no longer members of the ICC,

01:36the case was started to be investigated in 2017, so it is still included. Is that correct?

01:42Correct. The jurisdiction of the ICC does not apply even if you are no longer a member of the ICC.

01:54The jurisdiction is considered when the crime happened.

02:01When the crime happened, were we members? Yes.

02:05That is why we will look into it more than now.

02:08Otherwise, it is not easy for all the members of the ICC investigation to leave.

02:16The dead people, the despotic leaders will leave the ICC because it is convenient for them.

02:24The ICC was not built like that.

02:27That is why it should be understood, not only by the people, but also by Presidente Duterte.

02:33Because he always says something about the jurisdiction.

02:39All right. Atty. Sa, what do you expect will happen to the former president?

02:43On the average, how long does this kind of case last? How many years will it last?

02:50First, there is processing according to the rules.

02:55The Rome Statute specifies a time and method to confirm or show that the arrest is correct.

03:07There will also be verification of the identity of the person, the charges, the manner of arrest.

03:17This will be presented to the court.

03:21This could be in a local court, like the Dutch court, or the International Criminal Court.

03:28Because the Dutch judicial system is separate from the International Criminal Court.

03:34That is why it is important to understand that a foreign court and an international court are different.

03:42We have become a part of that.

03:44Moving forward, we think that we will face a trial.

03:48And that is what the victims hope for.

03:51That there will be a time when it will be difficult to talk and we will not be in the Court of Public Opinion.

04:00We know that this will take a long time.

04:02We were prepared for decades.

04:05Actually, the average period of a case in the ICC is 8 years.

04:11And if we are prepared for a minimum of 2 years, there are other cases like that.

04:18And 10 years, we are prepared for that kind of framework.

04:23Attorney, to clarify, did the sending of the former President to The Hague, Netherlands,

04:29does this mean the surrender of the sovereignty of the country?

04:36It is hard to say that he did not surrender his sovereignty.

04:40Because there are Filipinos who were taken to trial.

04:43And the concept of the ICC is that we will give a particular authority to an international court

04:54so that the Filipinos will be punished.

04:57We are in the clout of the ICC.

05:00But where did we put that small issue of our sovereignty?

05:08This is not the type of freedom we gave to the islands or our issue in the West Philippine Sea.

05:14It is not as visual as that.

05:16The ICC is just asking for a chance to have a trial or hearing about the cases that will be sent.

05:26There are only 4 cases.

05:28Crimes against humanity, war crimes, crimes of aggression, and genocide.

05:35In these 4 cases, we gave the authority to the ICC to correct the Filipinos

05:41or whoever committed this in the territory of the Philippines when we were members.

05:50Yes, Attorney.

05:51One last question.

05:53According to the former President's camp, kidnapping happened during the arrest of the former President.

06:00What can you say about this?

06:03This is a victim-style arrest.

06:06You will be arrested, but the evidence is against this.

06:11The kidnapping of a person, in the mind of a normal person, is when you are arrested without authority or without a reason.

06:21What happened was that the detainee was arrested because there was a reasonable basis for his arrest.

06:31The warrant of arrest issued by the ICC, even if they question the jurisdiction of the court,

06:37is valid on its face and backed up by the authority of 125 member countries of the court.

06:46We cannot avoid that.

06:48We cannot ignore that, which is precisely why the President talked about international obligations and committees,

06:56mutual obligations, in his speech last night.

06:59He said that in the international community, it is important that we have a say.

07:04Before, we said that we will be a part of the court and will abide by its protocols.

07:10Now, we are obliged to follow what the court has already started.

07:15If we suddenly forget or ignore it, it is embarrassing and evil, especially if we are the ones who will be asked by other countries.

07:27All right. Thank you very much for the information and for your time, Atty. Cristina Conte.

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