MANILA — The legal team of former President Rodrigo Duterte has urged the International Criminal Court (ICC) to postpone its ruling on his bid for interim release, admitting it lacks the necessary documents and assessments to fully support the request.
In a motion filed before the ICC Pre-Trial Chamber on July 18, Duterte’s defense, led by international lawyer Nicholas Kaufman, said they have encountered significant obstacles in obtaining critical information and expert clearance that would help bolster their case.
They claimed their efforts to secure material from an undisclosed source and to gain authorization for an independent assessment have been “slow-walked and stymied,” making it difficult to refute what they described as an “incomplete and prejudicial” prosecution claim.
“The Pre-Trial Chamber should have all the necessary information before making its initial and crucial determination on interim release,” the defense argued, adding that a pending report could not be completed because their expert was “temporarily” barred from conducting a vital evaluation.
They appealed to the Chamber to intervene and either direct or “strongly encourage” the prompt completion of the outstanding assessments. They also pointed out that ICC chambers are “typically encouraged” to rule on such petitions within 30 days, noting that Duterte’s application has remained unresolved since June 12.
Duterte is currently under ICC custody over charges of crimes against humanity — specifically, murder — related to thousands of deaths tied to his administration’s bloody war on drugs. The Philippine government has acknowledged over 7,000 fatalities, mostly suspected drug offenders, whom authorities claimed resisted arrest.
The ICC prosecution, however, opposed Duterte’s motion, stating that the defense deliberately filed it without complete documentation.
“The Defense should not be permitted to suspend issuance of the decision on the basis that it may, at some unknown point in the future, attempt to supplement its submission,” the prosecution said.
It also rejected the claim that it had mischaracterized the evidence as incomplete, asserting this point was already noted in the document and affirmed by the Chamber.
“The fact that the Defense finds itself in the situation where it is unable to substantiate assertions made in its own, urgent motion, is entirely due to the Defense’s choice to file prematurely. The Defense has not been prejudiced,” the prosecution said.
Moreover, the prosecution dismissed as “speculative” the defense’s assertion that the missing material might contain “vital” information relevant to the plea for temporary release, saying Duterte may file a new motion in the future if new evidence or changed circumstances arise./PN
