Former Philippine President Rodrigo Duterte has petitioned the International Criminal Court (ICC) to allow his interim release to another country, arguing that there are “compelling humanitarian reasons” for it to do so.
In a filing dated June 12, Duterte’s lawyer Nicholas Kaufman told the ICC Pre-Trial Chamber that a third country had expressed its “advance and principled agreement to receive Mr. Duterte onto its territory.”
The name of the state was among the information redacted in the request prior to its release, although it is described as a State Party to the Rome Statute, which had agreed to “cooperate with the Court” and “enforce conditions of release” on Duterte.
Duterte was arrested in March on an ICC arrest warrant and swiftly transferred to the custody of the court, which has accused the former leader of crimes against humanity for extrajudicial killings carried out during his violent “war on drugs” campaign. On March 28, he marked his 80th birthday in the ICC’s Detention Unit.
Citing the ex-president’s “advanced age,” Kaufman argued that there were “compelling humanitarian grounds” for the chamber to grant Duterte’s interim release, although the specifics of this were also redacted from the publicly released filing.
Kaufman argued that Duterte did not pose a flight risk, was committed to showing up in court for this trial, and would not commit additional crimes during his interim release. “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.
Should Duterte choose to abscond, “not only would he embarrass his hosts but 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.” The filing added that the Prosecution has “confirmed its non-opposition” to Duterte’s release, provided that a number of conditions are fulfilled.
As Rappler explains, an accused may file for an interim release with the ICC chambers, if the judges determine that there is no risk that they will escape, obstruct or endanger the investigation, or recommit the crimes of which they are accused. It added that the ICC had only granted this privilege to suspects facing charges of obstruction of justice, and has never done so in the case of a suspect facing charges of crimes against humanity.
All this would seem to suggest that the ICC Pre-Trial Chamber will decline the request. After all, if arrest by the ICC is to have any deterrent effect (something that is questionable in any case), being confined to the court’s detention unit is surely an important part of it.
In a statement quoted by Rappler, the organization Rise Up for Life and for Rights, which represents relatives of those killed in Duterte’s “drug war,” said that many were unsettled by the fact that he had applied for interim release. (Some social media accounts are already disseminating false claims that Duterte has been released by the ICC.)
“The victims’ families are forever shackled in anger, grief, and agony,” said the statement. “It’s hard to set aside these feelings. Justice will bring contentment to the families. Duterte’s temporary freedom would be an opportunity to go after, intimidate, and go through legalities against those seeking justice.”
