Palace on Rody at ICC: A fair trial

As supporters of former president Rodrigo Duterte continue to raise issues against his arrest, Malacañang said his first appearance before the International Criminal Court (ICC) last Friday left no doubt that he was accorded due process.

- By ALEXIS ROMERO

"This is what we call fair trial," Presidential Communications Undersecretary Claire Castro said of the tribunal's treatment of Duterte, who was examined by a doctor and declared "fully mentally aware and fit" to face the court for the first time.

"Witnessing the first appearance attended by former president Duterte before the ICC, everybody could see how justice starts to roll down," the Palace press officer said.

The court, Castro said, also confirmed that Duterte was informed of his rights, as provided for under Articles 66 and 67 of the Rome Statute, and that he was aware of the issuance of a warrant for his arrest written in the English language.

"Therefore, it reveals further that former president Duterte was indeed afforded his fundamental rights as a suspect of crimes against humanity, specifically murder, contrary to Duterte's camp statements," Castro said in a text message yesterday.

Article 66 of the statute, which established the ICC, states that everyone shall be presumed innocent until proven guilty before the court in accordance with the applicable law.

Article 67, meanwhile, enumerates the rights of the accused, including the right to a fair hearing, to be informed promptly and in detail of the nature of the charge, to have adequate time and facilities to prepare for his defense and to be tried without undue delay.

Castro said the ICC did not accept the request for postponement of the former president's first appearance since there was no need for it and that it was not yet the time for him to present his defense and evidence.

In a Facebook post, Chief Presidential Legal Counsel Juan Ponce Enrile said the question to be asked is whether those killed in Duterte's drug war were accorded due process.

In the country's system of social order, Enrile said even criminals are entitled to "due process."