THE HAGUE — The International Criminal Court confirmed on Friday that trials cannot proceed in the absence of the accused once charges are confirmed, following a request by former President Rodrigo Duterte to skip the upcoming confirmation of charges hearing.
ICC spokesperson Oriane Maillet explained that under Article 63(1) of the Rome Statute, an accused person must be present during the trial. “Should the charges be confirmed, the ICC does not permit trials to take place in the absence of the accused,” she said.
The Pre-Trial Chamber I of the ICC granted Duterte’s request to waive his right to attend the hearing next week, citing Article 61, Paragraph 2(a) of the Rome Statute and Rule 124 of the Rules of Procedure and Evidence, which allow a pre-trial hearing to proceed without the suspect if they voluntarily waive their right to be present.
Maillet clarified that the waiver was signed by Duterte and confirmed that he understood the consequences of not attending the hearing, as thoroughly explained by his legal counsel. “Moreover, the Chamber considers that, in the present circumstances of the case, it is appropriate to proceed with the hearing on the confirmation of charges in the absence of Mr. Duterte,” she added.
The ICC emphasized that Duterte’s absence is not due to health reasons. The Pre-Trial Chamber I had previously assessed that the former president is fit to participate in pre-trial proceedings.
This ruling underscores the ICC’s adherence to procedural safeguards while allowing flexibility in the pre-trial phase, balancing the rights of the accused with the efficiency of judicial proceedings.
Si Venus L Peñaflor ay naging editor-in-chief ng Newsworld, isang lokal na pahayagan ng Laguna. Publisher din siya ng Daystar Gazette at Tutubi News Magazine. Siya ay isa ring pintor at doll face designer ng Ninay Dolls, ang unang Manikang Pilipino. Kasali siya sa DesignCrowd sa rank na #305 sa 640,000 graphic designers sa buong daigdig. Kasama din siya sa unang Local TV Broadcast sa Laguna na Beyond Manila. Aktibong kasapi siya ng San Pablo Jaycees Senate bilang isang JCI Senator.
- Venus L Peñaflor
- Venus L Peñaflor
- Venus L Peñaflor
- Venus L Peñaflor
