Metro Manila, Philippines – A Malacañang official dismissed former President Rodrigo Duterte’s statement that he has accepted the possibility of dying in an International Criminal Court (ICC) prison, calling the remarks an attempt to draw public sympathy as proceedings against him move forward in The Hague.
Communications Undersecretary Claire Castro said Duterte’s recent letter to the ICC — in which he cited age, frailty and exhaustion — appeared aimed at gaining sympathy while contradicting medical findings that he is fit to stand trial.
“Pag nabasa niyo po yung kwento, yung kanyang salaysay, makikita niyo po na talaga namang matalas pa ang kanyang pag-iisip,” Castro said in an interview on The Newsmaker.
[Translation: If you read his statement, you will see that his thinking remains sharp.]
She noted that three medical experts engaged by the ICC found Duterte mentally capable of participating in legal proceedings, disputing claims that he forgets events or is unable to attend hearings.
Duterte, 80, has asked judges to excuse him from attending his upcoming confirmation of charges hearing scheduled to begin Feb. 23, according to a six-page filing before the ICC Pre-Trial Chamber. In the letter, he said he does not recognize the court’s authority and described himself as “old, tired and frail.”
“I do not recognize the jurisdiction of the International Criminal Court over my person,” Duterte wrote, adding that he does not wish to follow proceedings through communication technology or attend hearings he may “forget within minutes.”
He also alleged that he was “forcibly pushed into a jet and renditioned to The Hague” and claimed his supposed “kidnapping” was facilitated by the current Philippine administration — accusations the Palace rejected.
“Paano makikidnap kung ang ICC mismo ay nagsabi na may valid warrant of arrest?” Castro said.
[Translation: How can it be kidnapping when the ICC itself said there was a valid warrant of arrest?]
Castro said Duterte’s transfer complied with Philippine law, including Republic Act \9851, which allows cooperation with international tribunals.
She added that repeating the kidnapping claim weakens the defense arguments.
“Dapat mag-isip naman yung lawyer niya ng iba pang depensa. Kasi itong kidnapping, intriga ’to,” she said.
[Translation: His lawyer should think of another defense. This kidnapping claim is just intrigue.]
‘Death is certain’
In his letter, Duterte said he had “accepted the fact that I could die in prison,” a statement Castro said reflects a “paawa effect,” or appeal for sympathy.
“Death is certain… di lang natin alam kung kailan. Ang hindi naging certain noon, yung mga napatay through EJK. Biglaan ang pagpatay sa kanila,” she said.
[Translation: “Death is certain, we just don’t know when. What wasn’t certain before was for those killed through alleged extrajudicial killings. Their deaths were sudden.”]
She urged the public to also consider the families of victims linked to the anti-drug campaign.
“Ang lagi kasing nakikita ngayon, yung interest ng akusado. Paano naman yung mga kamag-anak na pinatay ang mahal nila sa buhay?”
[Translation: What people always focus on now is the interest of the accused. What about the families whose loved ones were killed?]
Castro said old age should not excuse anyone from alleged crimes if proven in court.
Under Article 61 of the Rome Statute, suspects are generally required to attend confirmation of charges hearings but may waive that right. Judges can allow proceedings to continue without the accused if it is deemed in the interests of justice, with lawyers representing the defense.
During the four-day hearing, prosecutors, defense counsel and legal representatives of victims are expected to present oral arguments on whether there is sufficient evidence to proceed to trial. Judges typically issue a written ruling within 60 days after the hearing, deciding whether to confirm the charges, request more evidence or halt the case.
Castro said there have been no discussions within the Marcos administration about rejoining the ICC.
“Hindi pa talaga napag-usapan,” she said.
[Translation: It hasn’t really been discussed.]
