Unang Balita is the news segment of GMA Network's daily morning program, Unang Hirit. It's anchored by Arnold Clavio, Susan Enriquez, Ivan Mayrina, and Mariz Umali, and airs on GMA-7 Mondays to Fridays at 5:30 AM (PHL Time). For more videos from Unang Balita, visit http://www.gmanetwork.com/unangbalita.
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00:00Former President Rodrigo Duterte and his lawyer in the International Criminal Court, Atty. Nicholas Kaufman, will talk about Kaufman's plans.
00:09We will be joined by Maris Umali, live from The Hague, Netherlands. Maris.
00:16Igan, it's past midnight here in the Netherlands, and the defense team of former President Rodrigo Duterte believes that the International Criminal Court will give them time to ask for an interim release for the former president.
00:35The lead counsel, Atty. Nicholas Kaufman, gave the former President Rodrigo Duterte the right to be released while the case is still being investigated.
00:48He said that he will not be charged even if he is released first.
00:51The first of which is the risk of flight, the second of which is the risk of interference of witnesses with the evidence, and the third of which is the risk of continuing crimes.
01:00None of those factors exist in the present situation, so there is a right for Mr. Duterte to be released.
01:05Even if they cannot say when they will be released, they are already working on asking for an interim release.
01:11Kaufman also said that they will convince the pre-trial chamber judges that there is no jurisdiction of the ICC in the case because the withdrawal of the Filipinas to the ICC has already become effective before the investigation can even begin.
01:24There is a compelling argument that the court cannot exercise its jurisdiction over the Philippine situation.
01:30That is a live issue. It's an issue which has been through the Philippine courts. It's an issue that's been through the ICC as well.
01:36It is a compelling argument. It's an argument of the defensible race. This is something that has been argued over the last number of years.
01:44We are still trying to get permission to prosecute him, but they have already insisted that he is still under the jurisdiction of the ICC.
01:52Even the International Criminal Court said that they have jurisdiction over the crimes committed before the Philippines withdrew from the Rome Statute.
02:00So the court's jurisprudence has already indicated that the ICC retains jurisdiction even after the withdrawal of a state,
02:11but only for the crimes that allegedly were committed during the period when the state was a state party to the ICC Rome Statute.
02:19A withdrawal does not affect these obligations and this jurisdiction of the ICC.
02:25According to the defense, if the judges are still in favor, there will no longer be a confirmation of charges hearing in September.
02:32Just today, Kaufman was released from prison. He is now under the operation, but he is now fine and can defend the former president.
02:41Kaufman has known the former ICC prosecutor Karim Khan for a long time.
02:46He used to be considered as a good lawyer. So when asked if his stand in the court will be strong,
02:54Lawyers just like you.
02:55If you know how we all work and how the law works, we are impartial. We are officers of the court.
03:00My duty is to do my absolute best for Mr. Duterte and I hopefully will ensure his acquittal.
03:06Mr. Khan's duty is to ensure that justice is done and I trust that he will do that.
03:11Mr. Duterte is thankful to those who support him, as well as to those who talked to him without knowing about the case.
03:17It was a huge outpouring of support and love both in the Philippines and here in the Netherlands.
03:24That has touched him. He's been made aware of it and he's very grateful for that.
03:29The family wants to make it clear, and he endorses this, that there should be no interference with the judicial process.
03:36The politics is one issue. There should be full respect for all participants in that process,
03:42the prosecution, the defense, and the victims' counsel who will make their submissions in due course.
03:47Igan, in high spirits, Attorney Kaufman told us that former President Rodrigo Duterte is still having a hard time adjusting inside the ICC detention facility,
04:03especially since it has been 80 years and the medical issues are still being addressed.
