Kitty Duterte files SC plea to bring father back after ICC arrest

UNDER PRESSURE The ex-president’s blood pressure is being monitored at the Villamor Air Base lounge, in this photo posted on Instagram by his daughter Kitty Duterte.

MANILA, Philippines — Veronica “Kitty” Duterte, the youngest child of former President Rodrigo Duterte, on Wednesday asked the Supreme Court (SC) to compel the government to bring her father back to the country after he was arrested by the International Criminal Court (ICC).

Atty. Salvador Panelo, the former president’s legal counsel, and his son Atty. Salvador Paolo Panelo Jr. filed a writ of habeas corpus before the SC, with Kitty as the petitioner.

The writ of habeas corpus is an order issued by a court directed to persons detaining an individual and commands them to produce the physical body of a person whose liberty is restrained and explain sufficient cause of detention.

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The younger Panelo said that the grounds for the petition are the lack of jurisdiction of ICC over the country and the basis of the extradition treaty.

“The ICC can only exercise its jurisdiction if the national legal system of a country is not functioning. But we can see that the Supreme Court and other courts in the Philippines are properly functioning,” Salvador Paolo told reporters in an interview.

The Philippines withdrew from the Rome Statute in 2019, shortly after the ICC launched an investigation into the alleged human rights violations committed during the drug war campaign.

However, the government recently said that it is obliged to cooperate with the International Police Organization once the ICC issues an arrest against Duterte.

Atty. Salvador Panelo, and his son Atty. Salvador Paolo Panelo Jr. file writ of habeas corpus before the Supreme Court on Wednesday in a plea to compel the government to bring former President Rodrigo Duterte back to the country. (Photo by Dianne Sampang/INQUIRER.net)

Salvador Paolo also argued that even if an extradition treaty exists between two countries, the accused must still be given enough time to answer complaints thrown against him.

“Even if there is a treaty like that, there has to be a process that needs to be followed. The accused needs to be given time to answer complaints and prove that he should not be extradited by a country who requested for it,” he added.

READ: ICC EXPLAINER: Fine points in the arrest of Rodrigo Duterte

The former president is the subject of the arrest warrant issued by the ICC for crimes against humanity allegedly committed concerning the war on drugs during his administration.

The official copy of the arrest warrant issued by the ICC that the government received from the International Police Organization (Interpol) became the basis of the former president’s arrest.

Based on government data, the war on drugs claimed around 6,000 lives. However, data from human rights watchdogs said that the real numbers reached more than 20,000.

The chartered plane carrying the ex-president left Villamor Air Base in Pasay City on Tuesday night and is headed to The Hague, The Netherlands, on Wednesday.