The ICC and ICI controversies

By Herbert Vego

JUST as we Filipinos are counting dates down to September 23 for a “teleserye” covering the pre-trial hearing of former Philippine president Rodrigo Duterte at the International Criminal Court (ICC) in The Hague, Netherlands for “crimes against humanity,” it is not likely to happen.

The reason is because Duterte’s British-Israeli lawyer Nicholas Kaufman has asked for indefinite postponement.

“Not fit to stand trial,” said the lawyer in a motion to postpone, citing his client’s “progressively deteriorating medical situation.”

ICC Assistant to Counsel Atty. Kristina Conti does not think so.

However, the majority of the ICC’s three-judge pre-trial chamber I, voting 2-1, agreed to postpone the hearing on the confirmation of charges “until further notice.”

I am inclined to agree with the dissenting opinion of Judge María del Socorro Flores Liera that the postponement request should have been rejected. After all, the pre-trial would only cover confirmation of charges.

Duterte, 80, is alleged to have ordered around 30,000 killings, as cited by human rights organizations.

If the pre-trial establishes no sufficient evidence to substantiate the grounds behind each of the crimes charged, then the case would no longer be transferred to the trial chamber, and Duterte would be released.

“Bring him home!”

Is that not what Duterte’s family and followers have been shouting?

Obviously, Kaufman doubts he could win the case for the former president, and therefore would exhaust all means to abort his client’s trial, ngayon at kailanman.

Wa-is nga abogado. With all that lawyer’s fee he makes from Tatay Digong — ₱140 million per month or its equivalent in dollars kuno – why would he even think of giving up?

-oOo-

IF final, then this writer lauds President Ferdinand R. Marcos’ designation of two initial members of the newly formed Independent Commission for Infrastructure (ICI) because they are “of proven competence, integrity, and deep familiarity with infrastructure, finance and institutional reform.”

They are former Department of Public Works and Highways (DPWH) Secretary Rogelio L. Singson, and professional accountant Rossana A. Fajardo.  I heard though that Singson’s family is opposed to his appointment which could transform his DPWH friends into enemies.

Also appointed under Executive Order No. 94 issued on September 11 was Baguio City Mayor Benjamin Magalong as special adviser and investigator.

The formation of the ICI to probe large-scale corruption related to the government’s infrastructure projects in the past 10 years is timely in the wake of public discontent over the simultaneous investigations being conducted by the Senate and the House of Representatives.

Since the two houses of Congress have linked each other’s constituents to contractors behind the anomalous implementation of flood-control projects, they could not be expected to play fair. Congressmen and senators may now stop blaming each other.

For example, while both houses agree on naming spouses Pacifico and Sarah Discaya as the owners of nine construction firms that had bagged the lion’s share from DPWH’s ₱545-billion budget for flood mitigation from July 2022 to May 202, they disagree on who their legislative collaborators are.

The Malacañang website encouraging people to file reports on corruption-tainted projects has netted more than 12,000 complaints lodged by ordinary citizens over the past month.

Just for example, Cong. Arjo Atayde (1^st Dist., Quezon City), who happens to be the husband of actress Maine Mendoza, is said to have profited from commissions from favored contractors. But he has another baggage.

Even his father, has been published to be the same Arturo Atayde who  led the so-called Atayde Kidnap for Ransom (AKFR) group that was busted by the Presidential Anti-Crime Commission (PICC) during the time of President Fidel Ramos in 1992. O baka naman kapangalan lang?

As a reputable feature news agency recently commented, “Even President Marcos cannot distance himself from the controversy since he drafted, signed, and implemented the budget law. He approved the rollout of pork barrel projects which benefited his allies, he allowed congressional insertions in the budget program, and his office has supervision over the DPWH’s infrastructure projects.”