Former President Rodrigo Duterte will not participate through video conference in his confirmation of charges hearing set on February 23, according to his defense counsel Nicholas Kaufman.
Based on the International Criminal Court (ICC) website, the hearing will run from 10 a.m. to 3 p.m. The Hague time (5 p.m. to 10 p.m. Philippine time) before Pre-Trial Chamber I at Courtroom I. Subsequent hearings are scheduled on February 24, 26, and 27.
During the proceedings, the prosecution, defense, and lawyers representing victims will present their arguments before the judges.
Kaufman said Duterte “will not participate in the confirmation hearing through video-conferencing,” adding that the former president also did not willingly appear via video link during his initial appearance.
He explained that co-counsel Salvador Medialdea had sought to postpone the earlier hearing to allow Kaufman to travel to The Netherlands and formally represent Duterte as counsel of choice, particularly to raise the issue of legal competence. The request, he said, was denied.
Kaufman further claimed that Duterte, then recovering from hospital medication, was made to appear before the court via camera and was informed that a prison doctor had deemed him “fully mentally aware and fit.”
Asked whether Duterte would appear in person or waive his right to attend, Kaufman declined to comment further.
The ICC allotted the following time for oral arguments in the crimes against humanity case:
• Prosecution: 30 minutes for opening statements, 2 hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements
• Common Legal Representatives of the Victims: 30 minutes for opening statements, 1 hour and 30 minutes for submissions on the merits, and 30 minutes for closing statements
• Defense: 30 minutes for opening statements, 3 hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements
The court said the schedule may be adjusted depending on the progress of the proceedings.
The hearing will be streamed online with a 30-minute delay on the ICC website, Facebook, and YouTube channels.
According to the ICC, the purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the accused committed the crimes charged. If one or more charges are confirmed, the case will proceed to trial before a Trial Chamber.
Duterte is currently detained at the ICC Detention Center in Scheveningen, The Hague, over alleged crimes against humanity in connection with killings linked to his administration’s war on drugs, both during his term as mayor of Davao City and as president of the Philippines.
The ICC has also named several individuals as alleged co-perpetrators in what it described as a “common plan” to neutralize alleged criminals through violent acts, including murder.
