 "What comes next for Philippines' Duterte in the Hague following arrest?")
Former Philippines President Rodrigo Duterte is set to arrive in The Hague, Netherlands on Wednesday (March 12) to face the International Criminal Court (ICC) on charges of crime against humanity. The warrant was issued on charges based on his brutal anti-drugs crackdown during his time in office which claimed the lives of more than 6000 people.
Duterte was taken into custody by Philippian authorities and later, the 80-year-old was placed on a flight to Netherlands on Tuesday. Claiming that he was being taken to The Hague by force, his daughter Veronica Duterte wrote on Instagram, “They are taking him out on a plane by force without considering his health conditions.”
His arrival in the Netherlands will be followed by his transfer to the International Criminal Court’s detention unit, in preparation for an initial appearance before the judges.
Let us take a look at what Duterte can expect on his arrival in the Netherlands.
Prison awaits Duterte
Nestled in the seaside suburb of Scheveningen in The Hague, the International Criminal Court’s (ICC) detention unit is integrated within a Dutch prison. At present, it houses five individuals facing trial before the ICC.
This facility also has a long history as the detention centre for those indicted by the now-closed International Criminal Tribunal for the former Yugoslavia (ICTY), including prominent figures like Slobodan Milosevic, Radovan Karadzic and Ratko Mladic.
“In fulfilling its mandate, the ICC Registrar endeavours to ensure the mental, physical and spiritual welfare of the detained persons within an efficient system of detention, with consideration to their cultural diversity and their development as individuals,” the ICC says on its website.
Prisoners all have individual cells equipped with computers, but no access to the internet, to allow them to work on their cases.
The cells also have a bed, desk, shelves, a cupboard, toilet, hand basin, television and an intercom to speak to guards when the cell is locked. They may also use an outdoor exercise area and take part in sports and recreation activities.
Three meals a day are served, but there is also a communal kitchen where detainees can cook with groceries provided from a shopping list “in order for them to adjust the meals provided to them, according to their taste and cultural requirements”.
Detainees may receive family or conjugal visits “several times a year” and if they are declared destitute, the court foots the bill for the visits “to the extent possible”.
Duterte’s initial appearance
International Criminal Court (ICC) regulations stipulate that all detainees are required to make a prompt appearance before the Pre-Trial Chamber in the presence of the prosecutor, upon their arrival at the court. The purpose of this hearing is to officially verify the suspect’s identity and to provide them with a formal notification of the crimes with which they are being charged.
Prisoners are informed of their rights under the ICC’s founding treaty, the Rome Statute, including the right to apply for interim release. Pre-trial judges will then set a date on which it will hold a confirmation of charges hearing.
Charges to be confirmed
The Rome Statute dictates that within a reasonable timeframe following an individual’s surrender or detention, the Pre-Trial Chamber is obligated to convene a hearing for the express purpose of confirming the charges that the prosecutor intends to pursue at trial.
At that hearing, the prosecutor must convince judges that substantial grounds exist “to believe that the person committed the crime(s) charged” and that enough evidence had been gathered to hold a trial.
The ICC’s judges may at the end of the hearing either confirm the charges and send the accused to a trial chamber, or say more evidence is needed from the prosecutor, modify the charges, or drop the charges altogether.
Once the charges have been confirmed, the court’s presidency puts together a trial chamber to prepare and then conduct a trial.
With inputs from AFP
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