Former Philippine President Rodrigo Duterte is expected to arrive in the Netherlands on the afternoon of March 12 to face charges of crimes against humanity related to his controversial war on drugs.
Duterte is understood to be travelling aboard a chartered Gulfstream G550 aircraft, bearing the tail number RP-C5219. His plane is scheduled to land at Rotterdam Airport at approximately 1400 local time according to sources in the Philippines.
The former president was arrested upon arrival from Hong Kong less than 24-hours earlier with many at the time questioning whether or not current President Ferdinand R. Marcos Jr., once known to be close to Duterte would act on the ICC arrest warrant or not.
Ultimately however, as is being reported around Asia, an official release by the Presidential Communications Office was released stating “Interpol asked for help, and we obliged because we have commitments to the Interpol which we have to fulfill. If we don’t do that, they will not – they will no longer help us with other cases involving Filipino fugitives abroad.” The comment was attributed to President Marcos.
“This is what the international community expects of us as the leader of a democratic country that is part of the community of nations,” the president concluded.
Upon arrival in the Netherlands, Duterte will be transferred to the International Criminal Court (ICC) detention unit, where he will undergo preparations for his initial appearance before the court's judges.
The ICC's current detention unit is situated in the Scheveningen district of The Hague, itself within a Dutch prison facility. The court has stated that its detention system is designed to ensure the mental, physical and spiritual welfare of inmates while taking into account their cultural backgrounds according to Filipino media outlet inquirer.net.
Each detainee is accommodated in an individual cell equipped with basic amenities although without internet access. An intercom system enables communication with prison staff when cells are locked.
Family and even conjugal visits are allowed at times, with financial aid offered to permit these visits should it be required.
Under ICC regulations, all detainees must appear before the Pre-Trial Chamber, in the presence of the prosecutor as soon as they arrive at the court. This will enable confirmation of the suspect's identity and will allow the court to formally inform them of the charges being brought against them.
Detainees are also made aware of their rights under the ICC's founding treaty, the Rome Statute, including the right to apply for interim release.
The said Rome Statute stipulates that within a reasonable period following a suspect's detention or surrender, the Pre-Trial Chamber must hold a hearing to determine whether the charges should proceed to trial. To proceed, the prosecution must present substantial evidence to demonstrate that there are sufficient grounds to believe the accused has committed the alleged crimes. In the case of Duterte this has been deemed to be crimes against humanity although specific details of the charge are still being debated.
Following the hearing, ICC judges may then confirm the charges and refer the case to a trial chamber, or request additional evidence from the prosecution, and even modify the charges.
The final option – to dismiss charges altogether – is not expected in the case of Duterte.