Pansamantalang paglaya, unang hihilingin sa ICC ng legal team ni ex-Pres. Duterte

4 days ago

Agad na paglabas sa kulungan ni dating Pangulong Rodrigo Duterte ang unang target ng kaniyang legal team. Pinag-aaralan na nila ang magiging depensa sa pagharap nila sa ICC.

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Transcript

00:00Former President Rodrigo Duterte was immediately released from prison.

00:05The first target of his legal team.

00:08They are now studying the defense against them in the ICC.

00:13Ian Cruz is in charge.

00:19The legal team of former President Rodrigo Duterte is still preparing.

00:22They were brought to the Hague and the Netherlands to face the case of Crimes Against Humanity,

00:27as well as the bloodthirsty war on drugs.

00:29According to his former Labor Secretary, Atty. Silvestre Belio Duterte,

00:34among his colleagues for the defense of the former President are

00:38Atty. Martin Del Gra,

00:40Atty. Israelito Torreon,

00:42Atty. Vic Rodriguez,

00:44Atty. Fred Lim, class of President,

00:46and Atty. Cesar Billy Dulay, former Commissioner of the BIR.

00:50Their team is also led by former Executive Secretary Salvador Medialdea,

00:55who was with the former President when the authorities traveled to the Netherlands.

01:00They are also studying how the case is rolling in the ICC.

01:05We have to prepare for his defense, initially, defense.

01:08And then we have to study the processes in the ICC.

01:15Frankly, we don't know the processes there now.

01:19But then, just like any judicial body,

01:21they are not far from our process.

01:25When it comes to the Hague, their primary mission is to get the former President out of jail.

01:31When we get there, we can ask for his release, temporary release.

01:35There is no reason to detain him while the case is on trial.

01:42If it's trial, then trial.

01:44If it's recess, then we can take him home to the Philippines.

01:48There is a provision in the ICC rules regarding the interim release of someone who is in jail,

01:53but it depends on the conditions and consideration of the court.

01:58Do you think he will qualify in their conditions?

02:02Because it's a conditional release, the interim release.

02:05What are their conditions?

02:08He will not escape.

02:10That's all they are thinking, he will not escape.

02:12Will the President escape? Where will he go?

02:15How can you hide?

02:17Former President, can he hide?

02:19Everyone knows him.

02:21One of their primary questions is the jurisdiction of the International Criminal Court or ICC

02:27because the Philippines did not say this after withdrawing in 2019.

02:32The ICC also issued a warrant of arrest that was carried out by Interpol in the country

02:37where he did not see Bello.

02:39In one statement, the ICC said that after becoming a member in November 2011,

02:44the withdrawal of the Philippines was effective from the Rome Statute in March 2019.

02:50Despite this, the ICC still has jurisdiction over the crimes committed by the Philippines

02:57while it is a member of the Rome Statute.

03:00A lawyer cannot just enter an appearance in the International Criminal Court

03:06to become a legal counsel of a victim.

03:11A lawyer must first apply to the ICC to be admitted to the list of counsel.

03:17Only five Filipino lawyers are on the list of counsel of the ICC,

03:22including the former Duterte, Presidential Spokesperson Harry Roque,

03:26who may also be on the list of defendants of the former President.

03:31Some lawyers of the victim of the drug war said that he is now in the Netherlands.

03:47For GMI Integrated News, I am Ian Cruz.

03:5024 Hours.

03:52In accordance with the petitions of the Duterte brothers,

03:55who were faced by the former President Rodrigo Duterte,

03:58the Executive Secretary, Interior Secretary, and PNP Chief

04:03will answer the Supreme Court within 24 hours

04:06on the legality of arresting Duterte for the possession of a machipolito.

04:14When his father was arrested, Vice President Sara Duterte said,

04:22This is what happened.

04:24This was answered by Malacanang.

04:26How can there be a kidnapping if there is a warrant of arrest?

04:30It was issued by an authority, by the court.

04:35According to some legal experts, the warrant of arrest is legitimate.

04:38The International Criminal Court has a jurisdiction in the case

04:42because illegal crimes were committed while the Philippines is a member of the Rome Statute.

04:46This was also mentioned by the ICC in the arrest warrant.

04:49I don't think there's a question about the validity of the warrant.

04:52Pursuant to the exercise of that jurisdiction, of course,

04:54they can issue the warrant for the arrest of the subject or the accused in this particular case.

04:58According to Article 59 of the Rome Statute,

05:00the accused should be presented to the competent judicial authority or court.

05:04This did not happen when Duterte was arrested.

05:07The role of the competent judicial authority is to check

05:11if the person you arrested was really the one who was named in the warrant of arrest.

05:17Second, was the right process followed?

05:20Third, were his rights respected?

05:23But according to Atty. Ralph Sarmiento,

05:25dean of the College of Law of the University of St. LaSalle, Bacolod,

05:28Article 59 of the Rome Statute is no longer applicable or compliant

05:32because the Philippines left the country in 2019.

05:34According to him, the rights of the accused should not be violated.

05:38The fundamental rights are pursuant to the International Convention on Civil and Political Rights.

05:44According to Atty. Joel Butuyan,

05:46one of the five Philippine ICC accredited lawyers,

05:49even in the Rome Statute, the law of the Philippines is included

05:53in the implementation of the warrant of arrest.

05:55The police determined that he was really President Duterte.

05:59He was given Miranda Rights.

06:01The arrest of him was peaceful.

06:04So, his basic rights were actually respected.

06:07In the statement of the ICC,

06:09it said that in line with Duterte's initial appearance in court,

06:13the confirmation of his identity and the language he will use

06:17to comply with the proceedings will be carried out.

06:19Atty. Sarmiento added that in the implementation of the arrest warrant,

06:22the ICC asked for the help of the International Criminal Police Organization or INTERPOL.

06:28Since the Philippines has an alliance with INTERPOL,

06:30the Philippines has an obligation to help in its implementation.

06:34Like in the future, if we'll be the ones,

06:37the ones who will need assistance from the INTERPOL,

06:40they will not give us.

06:42Duterte's children filed petitions in the Supreme Court,

06:46but according to some legal experts,

06:48this is no longer valid because there is no jurisdiction of the Supreme Court

06:51in the International Criminal Court.

06:53Because the former President Rodrigo Duterte is now in the custody of the International Criminal Court,

06:58some legal experts said that in his ICC,

07:01his arrest and transportation to The Hague, Netherlands can be questioned.

07:07For GMA Integrated News,

07:09Maki Pulido, NKTUTO, 24 Hours.

Pansamantalang paglaya, unang hihilingin sa ICC ng legal team ni ex-Pres. Duterte | 24 Oras

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