MANILA, Philippines — Unlike the crowded jails that housed drug war suspects during his presidency, Rodrigo Duterte is expected to be detained in a modest but comfortable detention facility in the Netherlands.
According to a public briefer released by the International Criminal Court, its detention center is located within a Dutch prison complex in Scheveningen, on the outskirts of The Hague where the ICC is based.
A photo of the standard cell released by the ICC showed a small room with a single bed next to a window, with a desk, shelves and a lavatory.
“It functions to hold in safe, secure and humane custody those persons detained under the authority of the ICC,” the court said.
In line with international standards governing the treatment of persons deprived of liberty, the ICC said its Registrar, which has the overall responsibility over the Detention Center, “endeavors 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.”
Detainees have daily access to fresh air, recreational time and sports activities. They also have access to library books, news and television.
“Detained persons have access to computer facilities to work on their own cases. If needed, detained persons are given the opportunity of computer training,” the briefer read.
Those detained in the facility are also entitled to privileged communication with consular or diplomatic representatives from their country. They also have visitation rights, including family members and minister or spiritual advisor of their religion.
The Detention Center also has medical facilities, with the International Committee of the Red Cross having unrestricted access to conduct inspections.
Only those whose trial is still ongoing are detained at the Dutch facility.
Possibly life in foreign jail
Duterte, who has been brought to The Hague to face charges of crimes against humanity, may spend the rest of his life in prison in a foreign country if he is convicted by the ICC.
The Philippine government on Tuesday formally handed the former president over to the ICC by virtue of an arrest warrant issued by the international tribunal.
Based on the “diffusion request” sent by the ICC to the National Central Bureau (NCB) in Manila, a copy of which was seen by The STAR, Duterte faces a maximum possible penalty of “life imprisonment.”
“Based on material collected during the investigation, the International Criminal Court Pre-Trial Chamber I has found that there are reasonable grounds to believe that the subject on this di?usion, Mr. Rodrigo Roa Duterte, is individually responsible for the crime against humanity of murder … as an indirect co-perpetrator,” the diffusion request read.
“The Chamber consequently issued a warrant for the arrest of Mr. Rodrigo Roa Duterte for these crimes,” it added.
Past midnight on Wednesday, an hour after the plane carrying Duterte left the Philippines, the ICC issued a statement confirming the issuance of the arrest warrant against the former president.
“The ICC Pre-Trial Chamber I has issued an arrest warrant for Mr. Rodrigo Roa Duterte for charges of the crime of murder as a crime against humanity allegedly committed in the Philippines between 1 November 2011 and 16 March 2019,” read the statement sent to The STAR.
“Once a suspect is in ICC custody, an initial appearance hearing will be scheduled. Further information will be communicated in due course,” it added.
The ICC reclassified the 15-page arrest warrant, which was initially tagged as “secret,” as “public” pursuant to an instruction from the ICC Pre-Trial Chamber I that issued it last March 7.
Duterte is expected to arrive in Rotterdam, the Netherlands on Thursday (Manila time) following a layover in Dubai. He will then be brought to the ICC’s detention center pending the initial appearance hearing.
The ICC prosecutor is believed to be wrapping up the investigation phase.
Based on the legal process outlined in the ICC website, it will be followed by a pre-trial stage, where initial appearance hearings to confirm charges will be held.
During the subsequent trial phase, the prosecution must “prove beyond reasonable doubt the guilt of the accused” before three trial judges.
“Judges consider all evidence, then issue a verdict and, when there is a verdict of guilt, issue a sentence. The judges can sentence a person to up to 30 years of imprisonment and, under exceptional circumstances, a life sentence,” the ICC said.
The ruling may be appealed while judges can also order the reparations of victims.
While the trial is ongoing, an accused is detained at the ICC Detention Center at the Dutch prison complex in Scheveningen, located on the outskirts of The Hague.
But if convicted, “sentences are served in countries that have agreed to enforce ICC sentences.”
The Philippines is no longer a signatory to the Rome Statute, the treaty that established the ICC, so it may no longer be allowed to volunteer to enforce the sentence.
This means that Duterte, if convicted, will have to serve his sentence in a foreign land.
Matobato, Lascañas ready
Self-confessed Davao death squad members Edgar Matobato and Arturo Lascañas are ready to face and testify against Duterte before the ICC, one of those involved in the ongoing investigation said on Wednesday.
Social anthropologist Fr. Albert Alejo, a board member of international human rights organization No Peace Without Justice, expects Matobato and Lascañas to be among the witnesses who will be presented by the prosecution once the trial begins.
“They are both insiders… It is important that there are those who admitted (their involvement) and are ready to be held to account,” he said in a mix of English and Filipino in an interview with “Storycon” on One News.
“They are waiting for that moment – to face Duterte and tell the truth,” he added.
Matobato, Lascañas and a third unnamed witness are currently under “protective custody” of the ICC in an undisclosed location. – Pia Lee-Brago