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Janvic Mateo - The Philippine Star
June 15, 2025 | 12:00am
Rodrigo Duterte’s lead counsel says the government of an undisclosed country has expressed willingness to receive the detained former president into its territory. In filing the petition, the defense team cited Duterte’s advanced age and a vow not to flee or commit any crime.
STAR / File
MANILA, Philippines — Without directly confirming its position on the matter, the Office of the Prosecutor (OTP) of the International Criminal Court said it will respond to the request for interim release of former president Rodrigo Duterte.
In a statement sent to The STAR Friday night, the OTP said it will send its response to the ICC’s Pre-Trial Chamber I handling the ongoing proceedings.
“The prosecution will file a public version which will clearly set out its position on the Defense’s application,” it said.
In its 16-page urgent request for interim release, Duterte’s defense team claimed that the prosecution has “confirmed its non-opposition to interim release,” provided that certain terms and conditions are met.
The defense’s claim surprised lawyers representing drug war victims as they noted the impact of granting provisional release to Duterte, even to an undisclosed third country.
“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,” human rights lawyer Neri Colmenares said.
Colmenares, who represents some of the drug war victims, said they will file an opposition to the request.
And even if the claim of the prosecution’s non-opposition were true, he said the details of terms are expected to be debated before the Pre-Trial Chamber I judges.
“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,” he added.
Broken promises
Colmenares argued against the claim of Duterte’s lawyer that the former president no longer holds the same influence or power.
He noted recent developments in the Philippines, including delays in the impeachment trial of Vice President Sara, the former president’s daughter.
“Duterte has a long history of reneging on his promises and commitments, starting with his jet ski antics in the West Philippine Sea,” said the lawyer.
“He has consistently attacked the Court and there is no evidence that Kaufman can submit to prove that he is now willing to follow the orders of the Court. He has the motive and the resources to escape and go to another country or even go back to the Philippines. The Prosecution and the Court cannot trust (him),” he added.
Sen. Risa Hontiveros said she expects the ICC to handle Duterte’s motion with the same commitment to justice it has shown in past rulings.
“I am confident that the ICC, just like on previous motions, will decide on the matter appropriately in consideration of the process and the thousands and thousands of widows, orphans and other EJK victims of Duterte’s blood drug war who are still awaiting justice,” Hontiverus said in Filipino over dwIZ.
She also raised concerns about ensuring the former president’s availability at future hearings – including one scheduled for September – and the safety of the families of victims.
Hontiveros stressed that the ultimate goal of the proceedings is justice for those who suffered during Duterte’s anti-drug campaign.
For Kabataan party-list Rep. Raoul Manuel, granting Duterte’s plea for interim release would only further embolden the former president’s troll army and his supporters to harass and intimidate the families of EJK victims.
“This is a disinformation bomb waiting to explode. The release of Duterte will definitely be used as a viral content material that the paid troll army will use to bully, threaten and destroy the morale of the families of EJKs victims who wants to join the process in ICC,” Manuel said in a statement. — Neil Jayson Servallos, Jose Rodel Clapano
