Duterte’s detention necessary due to higher flight risk – ICC prosecution

MANILA, Philippines—The International Criminal Court (ICC) prosecution panel has maintained that the continued detention of former President Rodrigo Duterte remains “necessary,” as it recently disclosed witnesses and their expected testimony for his trial set to begin in November.

In a September 7 filing made public early Tuesday, the prosecution told the Trial Chamber (TC) III that the risk of Duterte fleeing ahead of trial has increased after it named its witnesses and added eight more killing incidents to the former president’s charges for crimes against humanity.

The prosecution’s filing responded to a May order by TC III for parties and participants in the case to submit observations on Duterte’s detention at the Scheveningen prison complex, the first time the issue was reviewed at the trial stage.

Citing the Rome Statute, the prosecution noted: “These changes in circumstances increase the risk Mr. Duterte presents under article 58(1)(b)(i) of the Statute and thus militates in favor of his continued detention.”

The prosecution pointed out that the addition of incidents and victims involved in Duterte’s charges increased the likelihood of a “lengthy prison sentence” if convicted.

Duterte was initially charged with three counts of murder for the killing of 76 individuals in 49 incidents under his brutal campaign to stamp out the illegal drug trade.

“The question of the risks to witnesses ‘revolves around the possibility, not the inevitability, of a future occurrence.’ Mr Duterte’s history shows that he is able and has the means, either directly or through his associates, to interfere with [REDACTED],” read part of the prosecution’s five-page observations on Duterte’s detention signed by acting prosecutor Mame Mandiaye Niang.

It added that disclosing the list of witnesses and related evidence bolsters Duterte’s continued detention “to ensure he does not interfere with witnesses.”

The trial of Duterte is slated to begin on Nov. 30 and is seen to continue until next year.

A third status conference will be held on Sept. 16 to discuss the prosecution’s list of witnesses and evidence, the number of hours it needs to present its case, and its evidence disclosure. 

Last week, the prosecution also opposed a proposal by the defense to authenticate its evidence from open-source and user-generated materials, as this step is “unnecessary and burdensome” and could even delay the start of trial. /gsg /atm