Council seeks Senate support

DAVAO CITY — Members of the Davao City Council have urged the Philippine Senate to petition or support any petition for the interim release of former president Rodrigo Duterte from his detention at the International Criminal Court (ICC) in The Hague, Netherlands.

The city council said the request is in accordance with Articles 60 of the Rome Statute, pending resolution of jurisdictional issues, pretrial and trial proceedings.

Majority floor leader councilor Jesus Joseph Zozobrado, who authored the resolution during city council's regular session on Tuesday, said the city declares its full cooperation to all security and administrative requirements concerning Duterte's interim release if granted, in order to safeguard the integrity of the proceedings of the ICC, and maintain peace and order within the city's jurisdiction.

Zozobrado said the city pledges absolute adherence to the ICC's directives and explicit conditions that may be laid down by the pretrial chamber if ever an interim release of Duterte is granted.

These are: confined movement of the former president strictly within the territorial bounds of Davao City; unrestricted monitoring by authorized local, national and/or international personnel; periodic transparent reporting to the ICC or other duly designated authority.

In the resolution, Zozobrado said the city undertakes to implement all necessary protocols — whether legal, administrative or otherwise — to fully cooperate with the ICC, including allowing inspections, submitting regular progress reports, and promptly adhering to and complying with any additional requirements that the pretrial chamber or other competent authorities may establish to secure Duterte's presence in the ICC when required and protect the integrity of the proceedings.

The Republic of the Philippines was formerly a state party to the Rome Statute of the ICC from 2011 to 2019, and although it subsequently withdrew therefrom in 2019, its obligations and responsibilities under the statute pertaining to conduct and proceedings prior to the withdrawal remain relevant under international law and consequently, respect for the ICC in this regard is appropriate.

Article 60 of the Rome Statute provides, affords and allows any detained individual held in detention to apply for interim release pending resolution of jurisdictional issues pretrial and trial proceedings, subject to review and supervision by the ICC's Pre-Trial Chamber in order to prevent undue or excessive detention.

"Duterte is turning 80 years old on March 28, is sickly and has difficulty in doing simple physical acts like walking, and standing up from sitting and lying positions, thus restricting his freedom of movement," Zozobrado said.

He said the deterioration of the physical health of Duterte can be prevented not only if he is able to take his maintenance medicines on time but also by putting him in the warm company of his immediate family, relatives and friends in familiar places.

Copies of the resolution are furnished to the Senate of the Philippines and the ICC, through the Department of Foreign Affairs, for their immediate and appropriate actions.

Zozobrado underscores the city's unwavering commitment to the rule of law and international justice.