ICC outlines Duterte’s rights as he faces trial soon

MANILA, Philippines — With trial proceedings underway against detained former president Rodrigo Duterte, he remains entitled to rights under the Rome Statute as an accused.

The International Criminal Court (ICC) has confirmed three charges against Duterte, and the trial will proceed on alleged crimes against humanity of murder committed during his time as mayor and president.

In a Q&A released by the ICC on Duterte's trial, the tribunal said the former president has the following rights:

• The right to use a language they fully understand and speak;
• The right to be defended by a lawyer of their choice;
• The right to present evidence and call witnesses;
• The right to be informed of the charges;
• The right to have adequate time and facilities to prepare their defence;
• The right to remain silent;
• The right not to be compelled to testify or to confess guilt; and
• The right to have the Prosecution disclose to the defence both incriminating and potentially exonerating evidence.

Aside from these rights, Article 66 of the Rome Statute provides for the presumption of innocence.

Article 66 
Presumption of innocence 
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law. 
2. The onus is on the Prosecutor to prove the guilt of the accused. 
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond a reasonable doubt. 

The tribunal also said Duterte has the right to still request interim release, which judges could decide on. Earlier requests from the defense, however, were already refused.

Where Duterte is detained

According to the ICC, Duterte remains detained at the ICC Detention Centre in Scheveningen, the Netherlands.

"The Detention Centre meets the highest international human rights standards for the treatment of detainees. Detained persons are presumed by the Court to be innocent until proven guilty beyond reasonable doubt," the ICC said.