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.
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