Citing old age, Du30 asks ICC for temporary liberty
Former Philippine President Rodrigo Duterte has petitioned the International Criminal Court (ICC) to allow his “interim release” to another country, his lawyer said in a filing, citing his advanced age and a vow not to flee or commit any further crimes.
Duterte was arrested and taken to The Hague, the Netherlands, in March on the charge of murder as a crime against humanity linked to his drug war that killed thousands of alleged narcotics peddlers and users. He has maintained his arrest was unlawful.
Duterte’s lawyer Nicholas Kaufman told the ICC’s Pre-Trial Chamber (PTC) that a third country had already expressed its “advance and principled agreement to receive Mr. Duterte onto its territory,” according to the request issued on Thursday. The name of the country was redacted in the text released.
Duterte is not a flight risk and will not commit further crimes if released, Kaufman said.
“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,” the request stated.
Duterte cited “humanitarian reasons” in his request, saying that he is already 80 years old.
Prosecution’s stand
The request also said the prosecution would not oppose Duterte’s interim release as long as certain undisclosed terms were met. The office of the prosecutor did not immediately respond to a request for comment by Reuters news agency.
Incoming Rep. Leila de Lima, one of Duterte’s staunches critics, said he could not be trusted to keep his word.
Duterte is being held at a prison in The Hague where the ICC has its detention facility. His daughter, Vice President Sara Duterte, other members of his family and supporters among the local Filipino community have held rallies outside the facility demanding his return to Manila.
ICC assistant to counsel Kristina Conti, who represents drug war victims, said in an interview with dzMM “Teleradyo” that her clients were opposed to Duterte’s interim release from the start.
Still elected mayor
More than 6,200 suspected drug offenders, mostly from poor communities, were killed during antidrug operations in his six years in office, according to the government. Human rights groups say the actual toll was closer to 30,000.
Despite his detention, he overwhelmingly won again as mayor in his home city of Davao in last month’s midterm elections.
De Lima said on Friday that there wasn’t a “snowball’s chance in hell” that he would be granted interim release.
The former justice secretary and senator spent nearly seven years in detention before her acquittal in what she called were trumped-up drug trafficking charges instigated by Duterte in retaliation for her investigation of the drug war killings, including those in Davao when she was head of the Commission on Human rights.
She said that the filing was just for “Kaufman to earn his keep … show his client his professional fee is being put to good use.”
“He also has to sustain the hope and morale of DDS (Duterte die-hard supporters) for the political survival of the Duterte dynasty,” she said in a statement.
Reacting to a claim that the Office of the Prosecutor (OTP) of the ICC would not oppose Duterte’s release, De Lima said the OTP “has to make the appearance of not being too unreasonable, hence the show of being open to negotiations on the conditions for release.”
‘His word is worthless’
Under the Rome Statute that established the ICC, defendants may request for interim release pending trial. This is, however, contingent on whether they are a flight risk, could obstruct the trial, or could continue to perpetrate the same crimes.
With these considerations, De Lima said it was “certain and absolute … that the ICC knows it cannot afford to take the chance in releasing Duterte.”
“They know that once they do, Duterte is most likely not coming back to The Hague. The man recognizes no law, respects no court, and honors no agreement. His word is worthless,” she said.
At the same time, the court knows that releasing the former president “could mean the end of the case against him. I doubt they will let that happen,” De Lima said.
Duterte and his lawyers stalled for 12 hours before they relented and allowed the Philippine authorities to fly him to The Hague on March 11.
If his petition is granted, Duterte would not be the first suspect accused of a crime against humanity given temporary freedom by the international tribunal.
The ICC had previously granted a similar petition to Jean-Pierre Bemba, leader of the Movement for the Liberation of Congo. But his August 2009 release order was reversed in December that year. He was, however, acquitted of war crimes and crimes against humanity.
One ICC detainee was also granted interim release, but he wasn’t directly charged with crimes against humanity.
On Feb. 21, 2021, Kenyan lawyer Paul Gicheru, who allegedly “corruptly influenced” witnesses, was released to Kenya several days after the PTC A of the ICC granted his request.
But unlike Duterte, Gicheru surrendered to the ICC authorities in the Netherlands.
Gicheru allegedly played a role in threatening or bribing several witnesses against Vice President William Ruto who was accused of fomenting ethnic violence in Kenya in 2007 that killed 1,200 people.
Strictly limited
The PTC set specific conditions that restricted his liberty and required him to pay 1 million Kenyan shilling in financial security. He was made to fully comply with all court orders, surrender to authorities when required and obligated to appear before the PTC.
Gicheru was ordered to avoid taking actions that could obstruct or endanger the investigations or proceedings and prohibited from contacting prosecution witnesses or victims, and making public statements or social media posts related to his case.
He was required to reside at a specific address unless authorized otherwise.
His travel outside Kenya was strictly limited and required prior approval by the PTC. Gicheru also had to submit copies of all travel documents, make weekly report to the ICC registrar and provide all his mobile phone numbers, ensuring that at least one is constantly active.
The case against him was closed in October 2022 after his death. —WITH REPORTS FROM KRIXIA SUBINGSUBING AND INQUIRER RESEARCH
