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MANILA, Philippines — Former president Rodrigo Duterte is formally seeking his interim release from detention and transfer to an undisclosed country that is a member of the International Criminal Court (ICC).
In a 16-page urgent request for interim release dated June 12, Duterte’s lead counsel Nicholas Kaufman said the government of a country he did not identify has expressed willingness to receive the former president into its territory.
“Mr. Duterte is not a flight risk, and custody is not necessary to ensure his appearance before the Court,” Kaufman’s filing read.
“Accordingly, there is more than good reason to believe that Mr. Duterte would not embarrass his hosts, and the hospitality afforded him, by violating the terms of his release,” it added.
Lawyers representing some of the victims have urged the ICC Pre-Trial Chamber I to deny the request.
Duterte has been at the ICC Detention Center in Scheveningen, The Hague since his arrest and surrender to the tribunal in March.
The undisclosed country is not the Philippines as the filing stated that it is a state party to the Rome Statute, the treaty that established the ICC.
The defense claimed that this country is at the forefront “in matters of international justice and is committed to the humane defense of internationally recognized liberties.”
For Duterte’s legal team, the former president does not meet any of the conditions to warrant further pre-trial detention.
It also cited humanitarian factors, particularly Duterte’s age and other redacted information, to support their plea for interim release.
No opposition?
In his filing, Kaufman claimed that the prosecution “has confirmed its non-opposition to interim release,” provided that certain terms and conditions are met.
The ICC Office of the Prosecutor has yet to comment on the matter.
Kaufman said Duterte “will not abscond” from the proceedings, noting that “as one of the most recognized political figures in the world, he would be easily found and returned to ICC custody without any prospect of future release.”
He also claimed that the former president will not imperil proceedings, saying his release to the undisclosed country ensures that he “is well removed from the scope of, and investigations into, the alleged crimes.”
The defense said Duterte “will not continue to commit crimes” should his request for interim release be granted, saying “he will be residing well outside the geographic scope of the alleged crimes,” referring to the Philippines.
“Mr. Duterte is no longer the president of the Philippines and does not command the same influence or power he is said to have abused during the period of the alleged crimes,” read the filing.
Respect ICC decision
Malacañang will respect the decision of the ICC on the petition of Duterte’s lawyers for his interim release to an undisclosed country, Presidential Communications Undersecretary Claire Castro said on Friday.
“That’s already in the hands of the ICC, it’s up to the ICC to decide what their decision or resolution will be on that matter,” Castro told reporters.
Asked to comment on Duterte’s defense team’s statement that the former president would not commit further crimes, Castro said: “So, in one way or another, the counsel admitted that the former president had committed such crimes – just a question.”
“Because they will include that in their motion or petition Mr. Duterte will not continue to commit crimes. So, is there an admission here?” Castro said.
“Anyway, if that’s their strategy, I hope they can convince the ICC judges, and they won’t say later that the promise they made in their petition is just a joke, like what happened with the jet ski promise,” the Palace official said, referring to Duterte’s supposed election promise to ride a jet ski to challenge Chinese incursion in Philippine waters.
Disappointed
Drug war victims are disappointed with the request for interim release, with their lawyers confirming plans to oppose the request.
“The victims are disappointed with the entire thing,” Kristina Conti, an accredited ICC lawyer, said in an interview with The STAR.
She said the Pre-Trial Chamber should confirm the defense’s claims, including the supposed non-opposition of the prosecution and the readiness of an ICC member to accept the former president.
Human rights lawyer and counsel to the victims Neri Colmenares expressed strong opposition to the application for the provisional release of Duterte.
“There is still a procedure within the ICC that requires the prosecution to comment and the ICC Pre Trial Chamber to decide on the application for provisional release. The victims and their legal representatives may still assert their right to submit their opposition to Duterte’s application,” Colmenares said.
He said the provisional release of Duterte, if ever it happened, will be dangerous for the victims, the witnesses and even for their lawyers.
“We strongly urge the ICC not to grant Duterte’s petition. The threats experienced by victims and their lawyers will surely escalate if Duterte is released. The safety of those seeking justice must be prioritized over the convenience of the accused,” he added.
National Union of People’s Lawyers secretary general Josalee Deinla likewise called on the ICC to reject Duterte’s application for interim release.
Unlike Duterte, Deinla said the former president’s victims were not granted interim relief in his administration.
Rights group Karapatan is also opposing Duterte’s petition for release from detention.
Should the ICC grant Duterte’s petition, Karapatan secretary general Cristina Palabay warned it would send a dangerous signal that people like the former president are afforded special treatment.
Raymond Palatino, Bagong Alyansang Makabayan secretary general, said the ICC should take note of Duterte’s behavior, whom he described as a recidivist liar who keeps reneging on his promises to suit his own interest.
Palatino said the ICC should expect Duterte to ignore the assurances he made in his petition once he is transferred to another country.
In Congress, House deputy minority leader and ACT Teachers party-list Rep. France Castro, together with ACT Teachers representative-elect Antonio Tinio, strongly opposed the petition for interim release of Duterte.
“Duterte remains dangerous even if he is abroad. He can continue to threaten victims, intimidate witnesses and sow disinformation campaigns that could undermine the ICC proceedings,” Castro said in a joint statement with Tinio.
“Duterte should not be given temporary release because wherever he will be placed, he will continue to be a threat to the victims of his crimes against humanity,” Castro further said.
For his part, Tinio pointed to the suspicious timing and circumstances surrounding the petition, particularly the recent foreign travels of Duterte family members and allies.
“It seems that this is the reason behind VP Sara Duterte and Rep. Paolo Duterte’s frequent trips abroad – they are scouting and negotiating with countries to take custody of this massive human rights violator,” Tinio said.
“The pattern is clear: while Duterte’s legal team files for interim release, his family members are conducting clandestine missions to secure a host country,” he added. — Jose Rodel Clapano, Emmanuel Tupas, Helen Flores
