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NewsTranscript
00:00On September 23, the confirmation of charges hearing of former President Duterte was held in the ICC in Daheg, in the Netherlands.
00:06And for that, we will talk to one of the ICC accredited lawyers and chairperson of the Center for International Law, Atty. Joel Butuyan.
00:13Good morning and welcome to Balitang Hali.
00:16Good morning, Rafi, and to all of our countrymen watching this morning.
00:20Yes, almost 6 months before the September 23 confirmation of charges hearing.
00:24Why is the interval this long?
00:28Rafi, because this period, this virtually 6-month period, will give a chance to the defense, the field of former President Duterte,
00:39that first, they will face challenges.
00:44They can challenge the validity of the warrant.
00:47Second, the validity of the implementation of the warrant of arrest.
00:52Third, they can challenge the jurisdiction of the ICC because they will say that we are not a member anymore,
01:01that's why there's no need for the ICC.
01:04Fourth, there's still the option of former President Duterte to file an application for interim release.
01:15That's the first.
01:16Second, the so-called disclosure.
01:19This will be issued by the prosecution and will be given to the defense
01:23the evidence that will be used in the confirmation of charges in the trial
01:29to give them a chance to prepare their counter defense and evidence.
01:36And just to clarify, within this period, there will be no action by the court,
01:40the former President Duterte will remain in detention.
01:45That's right Rafi.
01:47Unless there's a grant for the interim release of their application, if they will file it,
01:51but it's very hard to get it because you have to show that there's extreme and urgent necessity.
01:57What are the extreme and urgent necessity that the court can consider?
02:02We haven't defined it yet because I haven't seen anyone applying for a grant.
02:10There's only one, but he voluntarily surrendered because it's not a crime against humanity, his case.
02:17But in this situation of the former President Duterte, it's hard for him to get it because he's holding his health.
02:27There's an independent medical verification that will be done by the ICC.
02:33And on Friday, the presiding judge said that he's mentally and physically fit.
02:39If he's old, because he's 79 years old, he'll be 80.
02:47Almost everyone who's in ICC right now is almost his age.
02:52The former President's legal team will question the jurisdiction of the ICC
02:57before the confirmation of charges hearing on September 23.
03:00Is this going to happen?
03:03You know Rafi, it was decided when the government of the Republic of the Philippines raised that issue.
03:11It reached the appeals chamber and the ICC guessed that it still has substance.
03:19They said that the ICC still has jurisdiction because the only thing being investigated
03:26are the crimes committed by the members of the ICC.
03:31Let's go to the legal team of the former President.
03:34How do the lawyers who defend an accused in the ICC and when are they allowed, even if they're not accredited,
03:40like the former Executive Secretary Medaldea?
03:44The face of the former Executive Secretary Medaldea is an exceptional circumstance.
03:52Because the former President Duterte faced in the ICC in a very short period of time,
04:01they need to designate his lawyer, his spokesperson.
04:08Because you cannot expect Mr. Duterte to appoint post-haste an ICC lease counsel right away.
04:19That's why the accreditation of the former Executive Secretary Medaldea is for the Friday initial hearing.
04:28But if there's a trial and confirmation of charges, the lease counsel needs to go and speak.
04:37Although, when you form a team to represent a defendant like Mr. Duterte,
04:43the head of your team will have to be a lease counsel.
04:48He will speak and sign the pleadings.
04:51But below that, he can hire someone who's not a lease counsel in the ICC.
04:57They will help in the supporting roles.
05:00Okay. So it's possible that there are Filipinos or many Filipinos who will support the lead counsel.
05:06You mentioned that it's hard to give.
05:08If you look at the field of the former president of the interim release,
05:11is there a legal course for the former president?
05:14And does the case of Inihain have an effect here in the Supreme Court?
05:20It will be hard for them to get an interim release, especially since the former president is at flight risk.
05:27Look at Hague, there are many supporters of him who are rallying.
05:33Here in the Philippines, there are many riots that are happening.
05:37So it's hard to give him an interim release.
05:43On the issue of... what's the second question?
05:51On the issue of the Supreme Court, if Inihain of the former president's camp has an effect on the Supreme Court.
05:57Rafi, the Supreme Court has no jurisdiction to govern the International Court.
06:09They also have no jurisdiction in the habeas corpus.
06:12President Duterte has no jurisdiction in the Supreme Court.
06:16Because he's not in the Philippines anymore.
06:18In your expert opinion, did you mention that the rallies in support of the former president will be worse?
06:26It will be worse on the issue of the interim release.
06:30If they ask for an interim release, the court will consider it as a flight risk.
06:40President Duterte might not return because he's required to attend hearings.
06:49There's also a possibility that the witnesses will be intimidated and antagonized,
06:55and the evidence against him will be tampered with.
06:59Finally, what can you say about the possibility and call for the Philippines to return as a member state of the ICC?
07:05I fully support that, Rafi.
07:09Crime against humanity can happen again and again in our country.
07:20It's also for the protection of those in our government.
07:25Because if their next administration is an enemy,
07:38and they will return, potentially they can be victims of crimes against humanity as well.
07:49Thank you very much for your time this afternoon.
07:53Thank you, Rafi.