Kitty Duterte: Habeas corpus petitions for father not yet moot

International Criminal Court (L) and former President Rodrigo Duterte (ICC and official Facebook page of Rody Duterte)

MANILA, Philippines — Former President Rodrigo Duterte’s youngest daughter, Veronica “Kitty” Duterte, has argued that the petition for a habeas corpus she filed for her father, who is already in the custody of the International Criminal Court (ICC), is not yet moot.

This is contained in a traverse submitted by Kitty before the Supreme Court in response to the Department of Justice’s comment, which tagged her petition “moot as lacking merit” as it was filed when Duterte was no longer in the custody of Philippine authorities.

READ: Gov’t seeks rejection of Dutertes’ habeas corpus petitions

“On respondents’ defense of mootness, petitioner hereby reiterates that the respondents should not be allowed to escape the extraordinary writ of habeas corpus by simply claiming that [former president Rodrigo Duterte is no longer in their custody,” the traverse read.

“To allow the same would be to reward the respondents for their illegal and unconstitutional actions, and their deliberate attempt to evade judicial review, and despite the pending petitions before this Honorable Court that question the same,” it added.

Kitty also argued that although the Supreme Court may not have jurisdiction over the ICC, it has jurisdiction over the Philippine government, so the SC can direct respondents to pursue former President Duterte’s return to the country.

She also reiterated that the Philippines is no longer under the jurisdiction of the ICC.

“Respondents’ position is thus unacceptable. It is a limitation on the judicial system’s jurisdiction, and dilutes its power to probe abuses by other branches of government. This goes against the principle that our government is a system of checks and balances,” her traverse read.

Kitty also cited the recusal of the Office of the Solicitor General (OSG) from the case.

“The OSG’s recusal is therefore a clear indication that former President Rodrigo Duterte’s abduction and transfer to The Hague pursuant to the ICC warrant of arrest is illegal and indefensible,” she said.

Meanwhile, in a chance interview, Justice Secretary Jesus Crispin Remulla declined to comment when asked about Kitty’s traverse. However, Remulla assured that the DOJ would file a pleading to answer all of Kitty’s arguments.

He maintained that the DOJ stands by former President Duterte’s arrest before the ICC.

“I think that we were able to give the legal basis for everything that happened on March 11. And I stand by everything that we do. I stand by the government,” he said.

The ICC currently has custody of former President Duterte after he was arrested and sent to The Hague for crimes against humanity allegedly committed during his administration’s war against drugs which left at least 6,000 people dead based on government data. However, human rights groups reported that at least 20,000 were killed during the drug war.