Medialdea tells ICC arrest of FPRRD political revenge
“Pure and simple kidnapping.”
This was how former Executive Secretary Salvador Medialdea described former President Rodrigo Roa Duterte’s arrest over murder allegations and transport to The Hague, Netherlands, on March 11.
In his manifestation during Duterte’s initial appearance before the International Criminal Court on Friday night (Manila time), Medialdea, one of the former’s lawyers, did not mince words in saying that “the whole world witnessed the degrading fashion in which a former president of a sovereign country was bundled onto a private aircraft and summarily transported to The Hague.”
“To us lawyers, this would be called an extrajudicial rendition - to the less legally inclined, it was pure and simple kidnapping,” he said.
Duterte, he explained, was denied any opportunities for legal recourse in his home country, all in the pursuit of political revenge.
He attributed this to two troubled parties that formed an unexpected alliance — an incumbent President aiming to undermine and tarnish the former president's reputation and the latter’s daughter and a struggling legal institution seeking a high-profile case to restore its credibility and make a statement in the legal arena.
“It is surprising that my client was abducted from his own country. ICC private jets do not drop out of thin air,” he said, implying that the aircraft was coordinated in advance.
He went on to say that despite the United Arab Emirates’ non-membership in the ICC with no legal obligation to cooperate with the court, Duterte was held in transit at the Dubai airport for over five hours.
Medialdea, along with Duterte’s security escort and a personal nurse, accompanied the 79-year-old former president in the plane.
“I invite the Registry’s representative — present today in the court — to explain to the judges exactly how they believe that this transfer was anything other than a gross abuse of process,” Medialdea said.
He lamented that he had met with Duterte only on Friday morning after they arrived in The Hague on Wednesday.
He said Duterte, who has debilitating medical issues, hard of hearing, and poor sight, was taken to the hospital for observation.
“Only this morning have I now met him for the first time with less than an hour to discuss legal issues. I have not been able to present him with a hard copy of the arrest warrant because I was not supplied with such,” he added.
It may be recalled that Duterte’s lawyers were not presented with legitimate documents when he was arrested upon his arrival at the Manila airport from Hong Kong on Tuesday morning.
“I have not even been able to explain to him what the Prosecution requested when seeking the issuance of the arrest warrant. This is because this Chamber only published a redacted version of the Prosecution request last night.”
He added: “Other than to identify himself, my client is not able to contribute anything to this hearing. Most importantly, he is not able even to tell you that he has been informed of the charges as contained in the arrest warrant for another reason more pertinent to which I alluded in my written request to this honorable Pre-Trial Chamber this morning and which is confidential ex parte.”
Duterte, clad in a crisp blue coat with tie, noticeably looked tired with slurred speech during his court appearance via video link.
While reading his manifestation to the ICC Chamber presided by Judge Iulia Motoc, a staff handed Medialdea a white piece of paper. Some surmised it bore writings that say “stop” or the number of minutes left.
He nonetheless went on reading his manifestation.
“Accordingly, I repeat my respectful request which was rejected this morning, to postpone the substantive aspects of this hearing to next week when I will have had the opportunity to sit with my client and to explain to him what a confirmation hearing is, what disclosure is and how the Prosecution alleges that he committed crimes,” Medialdea said.
To which Motoc replied that Friday’s hearing was just an initial appearance and did not need much preparation; that there will be an opportunity to raise issues about the case leading up to the confirmation of charges in September this year.