ICC- Accredited lawyer Atty. Joel Butuyan: Dating Pres. Duterte, posibleng hindi mabigyan ng bail
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NewsTranscript
00:00We will now talk on the phone with Atty. Joel Butuyan, an ICC-accredited lawyer and chairperson of the Center for International Law.
00:10Good evening, Atty. Butuyan. This is Maan Makapagal for PTV Ulat Bayan.
00:17Good evening, Maan, and to all the viewers who are listening to our program tonight.
00:23Atty., let me start this from the point of view of former President Duterte.
00:28Can we still question the jurisdiction of the ICC on him?
00:35Yes, Maan, that is your right.
00:38Within the period from the first hearing that was done last Friday until the confirmation of charges in September, he will be able to raise challenges.
00:57Challenges on the validity of the warrant, challenges on the implementation of the warrant of arrest,
01:02challenges on the jurisdiction of the ICC, and also on the issue of interim release.
01:10Those are the interim challenges and applications that he can do before the confirmation of charges begins.
01:18Okay. In the case of Crimes Against Humanity, former President Duterte's camp will be suspended.
01:28Do you think he will be given bail?
01:32That's confusing, Maan. The bail that is happening to us will be included in the so-called application for interim release to the ICC.
01:44To get this, you need extreme and urgent necessity.
01:52You need to show that you're not a flight risk, you need to show that you're not going to antagonize and intimidate witnesses,
02:01and that you're not going to tamper with evidence.
02:03It's confusing now, especially the supporters of President Duterte.
02:10It's to the point that the ICC judges and our officers are being harassed online.
02:19It shows that he's a flight risk. It also shows that President Duterte's camp is still very powerful politically.
02:29It will be proof that he will not return and he can hide.
02:39As part of the former President's legal strategy, he will take over the service of Nicolas Kauffman.
02:48He is an international veteran when it comes to the international legal battle.
02:54How do you think his legal track record will help the former President? What will you learn from this?
03:03You know, whoever is a good lawyer, you will get in this case, if the number one witness of the prosecution is the accused himself
03:18because of his many statements that really incriminate himself.
03:24It will still be incriminating because if we look at the application for warrant filed by the prosecutor,
03:33they relied and they're going to be submitting so many statements of the former President that he admitted his participation,
03:44he admitted his command to kill, he admitted that he gave rewards and promotions,
03:52and he admitted that he will give protection to whoever will follow his orders to kill the suspects.
04:00So if that's the case, the biggest and most important witness of the prosecution is the accused himself,
04:07I don't know what kind of tumbling-tumbling his lawyer will do.
04:12The former Secretary Harry Roque has announced that he will apply for asylum in the Netherlands. Do you think this will happen?
04:22I don't know the grounds that he will use for asylum.
04:34Considering that the warrant given by the Congress will end once the Quadcom hearings are over,
04:51I don't know if he will apply for asylum in the Netherlands.
05:00Because requests for asylum really have a threat to your life and security.
05:08What I heard is that the victims are being threatened by the Duterte forces.
05:18Attorney Butuyan, we will go to Senator Bato de la Rosa who is advocating in the Senate.
05:23He requested that he will not be given to the ICC. Is that possible?
05:30You know, the power of the Senate to stop the arrest of a senator has two conditions.
05:38First, if the Senate is in session. If not in session, the power of the Senate will not apply.
05:48Second, if the crime charge carries a penalty of less than six years.
05:55If Senator Bato will be demanded for a crime against humanity, the penalty of 30 years is applicable.
06:06So the power of the Senate to stop the arrest will not apply.
06:12Last question, Attorney Butuyan. What is your call to the supporters of the former President?
06:18My call to them is to put aside their emotions, prejudices, sentiments,
06:30and look at what happened during the time of President Duterte.
06:37Put yourself in the shoes of the dead.
06:43The dead without a process.
06:46Most of you are shouting that due process, human rights,
06:52those are the rights that the former President gave to many of our dead countrymen.
07:00So this is a process of human rights and due process that President Duterte is applying.
07:09The process should continue and there should be justice for our countrymen who were victims of the drug war.
07:18All right. Thank you very much for your time, Atty. Joel Butuyan.
07:23Again, he is an ICC accredited lawyer and chairperson of the Center for International Law. Good evening.