ICC prosecutors oppose Duterte’s interim release

Former President Rodrigo Duterte, even while detained in The Hague, remains a threat, especially after holding the most powerful political office in the Philippines and consistently silencing his opposition, according to the Center for International Law, a human rights lawyers’ group.
Former President Rodrigo Duterte, even while detained in The Hague, remains a threat, especially after holding the most powerful political office in the Philippines and consistently silencing his opposition, according to the Center for International Law, a human rights lawyers’ group.

THE HAGUE, Netherlands – Prosecutors at the International Criminal Court (ICC) have strongly opposed the interim release request of former Philippine president Rodrigo Duterte, citing risks of obstruction, witness intimidation, and the potential for further crimes if he is freed while awaiting trial.

In a 15-page submission, Deputy Prosecutor Mame Mandiaye Niang urged the ICC chamber to reject the plea filed by Duterte’s legal team, which asked that the former president be allowed temporary release to a country willing to accept him.

“The Prosecution’s position is that Mr. Duterte’s continued detention is necessary to ensure his appearance at trial, ensure that he does not obstruct or endanger the investigation or court proceedings, and prevent him from committing crimes within the jurisdiction of the Court,” the document stated.

The prosecution further raised concern over Duterte’s past statements and the plans of his political allies.

“The Defence submits that Mr. Duterte will not continue to commit crimes if released. However, Mr. Duterte has reportedly previously stated that he planned to run for Mayor of Davao City again in 2025 and pledged to ‘double’ the killings the ‘moment I return.’ Mr. Duterte has since won the Davao Mayoral election and his family has consistently stated their intention to bring him home to the Philippines,” the prosecution noted.

The filing also accused Duterte and his associates of having “a history of interfering with investigations against him” and pointed to multiple instances where Duterte allegedly threatened ICC officials, including vows to shoot those who would try to arrest him.

Duterte, who is currently under ICC custody for alleged crimes against humanity committed during his controversial anti-drug campaign, submitted his request for temporary release through his legal counsel Nicholas Kaufman on June 12.

In the redacted version of the application, Duterte’s defense argued that his continued detention was unnecessary to maintain the integrity of the investigations or prevent further crimes. They also emphasized Duterte’s “principled willingness to cooperate” with the Court.

The ICC has not yet ruled on the request./PN

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