MANILA – The legal team of former President Rodrigo Duterte has submitted to the International Criminal Court (ICC) an urgent request for his temporary release.
They indicated that an ICC state party has consented to accept him during the duration of this release; however, the identity of the country has been omitted from the document published by the ICC.
Duterte’s lead counsel, Atty. Nicholas Kaufman, invoked humanitarian considerations in requesting the former President’s release. He emphasized that Duterte will not flee, that his release will not jeopardize ongoing legal proceedings, and that he will not engage in further criminal activities.
Kaufman further stated that the prosecution has acknowledged it does not oppose the temporary release to the state party, provided that “rigorous” terms and conditions are adhered to.
Among these stipulations is that Duterte will abstain from public appearances, refrain from holding office, and avoid communication with individuals outside of his immediate family, as well as refrain from using the internet or any electronic devices, including mobile phones.
“As mentioned above, the Government of [REDACTED] has expressed its willingness to receive Mr. Duterte onto its territory and, accordingly, there is more than good reason to believe that Mr. Duterte would not embarrass his hosts, and the hospitality afforded him, by violating the terms of his release,” Kaufman said.
“Furthermore, were he to abscond from [REDACTED], 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,” he added.
“Finally, Mr. Duterte’s commitment to returning for trial when ordered, even in the absence of any state guarantees, carries significant weight in militating against a finding of flight risk,” he further said.
Kaufman also stated that Duterte no longer has the same influence or power he was alleged to have abused.
“Any risk is totally neutralized by virtue of Mr. Duterte’s affirmation, in the annexed terms and conditions, that he will refrain from public engagement, office, or communications with persons outside his family. He has also agreed to abstain from use of the internet or any electronic devices, such as a mobile phone,” he said.
Duterte has been in ICC custody since March following his arrest in the Philippines due to an arrest warrant for alleged crimes against humanity./PN
