The Malta Independent 16 July 2026, Thursday
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No escape from justice

Kevin Cassar Sunday, 13 July 2025, 08:38 Last update: about 2 years ago

On Tuesday 11 March, the country's former leader was arrested, put on a plane and transferred to the Hague.  Three days later he was in the dock facing accusations of serious crimes at the International Criminal Court. He cut a sorry figure, sounded frail and looked weary in his blue suit and tie.  He spoke briefly to confirm his name and date of birth.  A man who'd commanded such power, who many feared for so long, was just a shadow of his former self. Nobody in his country ever imagined their tough guy leader would ever face justice.  He was just too strong, too powerful. Well, not anymore.

Rodrigo Duterte was President of the Phillipines for 6 long years between 2016 and 2022.  He was notorious for his hostility, aggression and vulgarity. He was a violent ruthless strongman. He called US President Barack Obama "a son of a whore". He addressed Pope Francis using the same language "Pope, son of a whore, go home - do not visit us again". He threatened drug addicts "I'd be happy to slaughter them, I'd kill you and I'll dump all of you into Manila Bay and fatten all the fish there".

When the EU urged his government to investigate allegations of human rights abuses he launched an obscenity-filled rant and showed Brussels his middle finger.  When UN human rights experts commented that encouraging drug killings amounted to a crime under international law he responded with an expletive-laden tirade, branded the experts "stupid" and threatened to pull out of the UN. When prison inmates raped a female Australian missionary he commented "she was so beautiful, I thought I should have been first".

Despite his barbarity, at the end of his presidency Duterte was more popular than any other previous incumbent.  His daughter, Sara, became Vice-President after he stepped down. Impunity for his crimes was guaranteed, many thought. So his arrest in Manila, on the back of an International Criminal Court arrest warrant, came as a shock. With typical hostility, Duterte threatened the police general who arrested him.  He refused to be finger-printed  and told officers "you have to kill me to bring me to The Hague".   But all his bluster and bravado quickly evaporated. He quietly boarded the plane to The Hague where he now faces justice for his crimes against his people.

Like Duterte, Malta had its own tough guy leading the country for six odd years. Like Duterte, Joseph Muscat is also charged with crimes against his own people.  He's accused of corruption, money laundering, fraud and heading a criminal organisation. Muscat hasn't been extradited, yet. He only faces charges in the Maltese courts, until now.

Unlike Duterte he's still wielding his power.  He's still pushing his weight around, threatening and intimidating the magistrate and making ridiculous claims. In his latest outburst, Muscat commented "With this inquiry I ended up the main actor in a play to which I was not invited publicly". 

He protested that his name wasn't included when the first and second request for a magisterial inquiry was made in 2019. He lamented that only after he stepped down as Prime Minister did Repubblika request his investigation, when the inquiry had already started.

He attacked the magistrate, accusing her of "asking the police to inform her about everything". He complained that the procedures against him were unfair and that everything was done with the intention of denying him his rights.

Duterte is doing the same.  His daughter, the Vice-President, complained that "he's being denied his fundamental rights - this is not justice, this is oppression and persecution". Muscat made the same ludicrous claims - "the search at my home was a political decision to destabilize the country", he whinged.  He brought up his usual gripes - leaks to the papers, Jeremy Harbinson, the confiscation of his daughters' mobile phones, the search at his home. Those leaks benefitted him. He had enough time to google how to scrub his phone and then diligently wiped all the data off. He even deleted all his Whatspp messages.

The Office of the Philippines' President defended Duterte's transfer to The Hague to face justice:  "His first appearance at the ICC is the start of a fair trial".  The Philippines' government cooperated with the ICC, even though Duterte was their former President, his daughter is still Vice-President, and he still commands popular support.  Here in Malta, Prime Minister Robert Abela does the opposite.  He publicly denounced the magistrate, disparaging her and attacking her when Muscat's home was searched. His party is on a relentless campaign to discredit the inquiry and court experts.  The power of Abela's government is being exerted to derail Muscat's prosecution and to provide him with a get-out-of-jail-free card.

Duterte came up with all sorts of excuses to evade justice.  His lawyer told Judge Iulia Motoc that his client was suffering from "debilitating medical issues". But when a court doctor examined him, he found him "mentally aware and fit". Duterte will face a pretrial hearing on 23 September 2025.  The trial could take years and if convicted, he faces life imprisonment. Until then Duterte will be held in detention at the Scheveringen Prison where several other infamous criminals and suspects are held. He'll join Kosovo's former President Hashim Thaci, Bosnian Serb General Ratko Mladic and other leaders from Sudan, Mali and the Central African Republic. He'll be kept in a private cell with a sink, toilet, bed, desk and bookshelves.

Joseph Muscat on the other hand continues to travel the world, enjoying the most luxurious hotels and exclusive locations. He keeps up his hostile and arrogant commentary despite facing accusations of the most serious crimes. He declared that his biggest regret is that when he was Prime Minister he didn't pay enough attention to the situation in the courts where, according to him, a complete overhaul was required.

"The very institution that former President Duterte mocked will now try him - this is a symbolic moment and a day of hope for victims' families and for human rights defenders who for years fought tirelessly for justice despite grave risks for their lives and safety".  The ICC's chief prosecutor Karim Khan declared "International law is not as weak as some may think ... when we build partnerships, the rule of law can prevail". Malta can only live in hope that he is right.

 


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