Affirm ruling on Duterte appeals, ICC prosecutors ask
Following the continued appeal of former President Rodrigo Duterte, the prosecution asked the Appeals Chamber of the International Criminal Court (ICC) to affirm the ruling on Duterte’s bid for interim release.
The Pre-Trial Chamber (PTC) did not rely on unsubstantiated “hypothetical and nonspecific risks” to find that Mr. Duterte’s continued detention is warranted, the Office of the Prosecutor (OTP) said in a 20-page redacted document dated Oct. 31.
The three-woman PTC I unanimously denied on Sept. 26 the bid of Duterte to have him released to an undisclosed country on certain conditions, citing “reasonable grounds to believe” that his continued detention in the ICC facility remains “necessary” to ensure his participation in the proceedings and not threaten or intimidate potential witnesses and victims.
In calling for the outright dismissal of the appeal brief filed by the defense, the prosecution said the assertions of Duterte’s lawyers were “unconvincing given the examples” that the chamber cited in its decision.
Power and influence
The prosecution also echoed the PTC’s argument that Duterte continues to hold significant power and influence in the Philippines, especially in his hometown, Davao City, because of his victory as city mayor in the May polls this year.
“These examples are hardly “hypothetical” as argued by the defense,” it added.
But the OTP stressed that the ICC uses a “low evidentiary threshold” in assessing the need for the detention of an individual facing charges of crimes against humanity.
Duterte is charged with three counts of murder for 49 incidents of drug war killings from 2013 to 2018, spanning his time as mayor of Davao and as President.
On the argument that the PTC did not consider the conditions agreed upon by Duterte’s camp and the unnamed country, the prosecution pointed out that “it is for the chamber to determine whether the risks could be sufficiently mitigated by the proposed conditions, not the parties.”
Cognitive health
The issue of Duterte’s cognitive health should also not be a factor in granting interim release at this point, as the medical reports presented by the defense requests further clarification.
“The reports relied upon by the defense are untested and it is unclear what legal standards or thresholds were applied in the relevant assessments. The reports are thus insufficient to make determinations regarding Mr. Duterte’s fitness,” it added.
The Office of Public Counsel for Victims, which currently represents potential victims in the ICC case, had also asked the Appeals Chamber to deny the defense’s appeal. It noted that the three grounds by which the defense based its appeal all lacked merit.
