Activist groups oppose Duterte’s bid for interim release
Former Philippine President Rodrigo Duterte is seen on a screen in the courtroom of the International Criminal Court (ICC) in The Hague, Netherlands, Friday, March 14, 2025. (AP Photo/Peter Dejong, Pool)
MANILA, Philippines — Different activist groups have vowed to oppose former President Rodrigo Duterte’s bid to seek an interim release from the International Criminal Court (ICC) detention, saying that allowing it would pose a danger to victims of and witnesses to the past administration’s drug war.
In a statement on Friday, Bayan Muna chairperson and counsel for the victims Neri Colmenares said that they will pursue mechanisms available to contest Duterte’s bid, noting that the prosecution will be required to comment on the matter.
Duterte, through his lawyer Nicholas Kaufman, formally appealed on Thursday before the ICC, asking for an interim release.
READ: Plane carrying Rodrigo Duterte leaves PH for The Hague
“There is still a procedure within the ICC that requires the prosecution to comment and the ICC Pre Trial Chamber (PTC) to decide on the application for provisional release. The victims and their legal representatives may still assert their right to submit their opposition to Duterte’s application.” Colmenares said.
“If the claim of the Defense that the Prosecution has agreed to the release on the condition that Duterte will abide by his obligations under ‘Annex A’ is true, there is still an issue because Kaufman has countered this by submitting another set of obligations that he termed as ‘Annex B. This means there will still be a debate between the prosecutor and the defence as to which set of obligations must be followed before the [PTC] will decide,” he added.
According to Colmenares, Duterte’s potential release will violate Article 58 of the Rome Statute — the treaty that enshrined the ICC — as this provision “requires that a person released must appear at the trial, and that he will not obstruct or endanger the investigation or the court proceedings.”
“The victims and their lawyers have been under attack especially after Duterte’s arrest, and the attacks will escalate if he is free to orchestrate this. Given the long history of threats, harassment, and even killings targeting victims, witnesses, and human rights lawyers, we assert that Duterte’s release will escalate these attacks,” Colmenares said.
“We strongly urge the ICC not to grant Duterte’s petition. The threats experienced by victims and their lawyers will surely escalate if Duterte is released. The safety of those seeking justice must be prioritized over the convenience of the accused,” he added.
Outgoing ACT Teachers party-list Rep. France Castron and Representative-elect Antonio Tinio echoed Colmenares’ sentiments, noting that Duterte and his followers allegedly pose a danger to the victims of the drug war — even if the president is in a country other than the Philippines.
READ: ICC lacks jurisdiction to try Duterte for crimes vs humanity—solon
“Duterte remains dangerous even if he is abroad. He can continue to threaten victims, intimidate witnesses, and sow disinformation campaigns that could undermine the ICC proceedings. As Makabayan representatives, both current and incoming, we must strongly oppose this application and expose the political machinations behind it,” Castro said.
“It seems that this is the reason behind VP Sara Duterte and Rep. Paolo Duterte’s frequent trips abroad – they are scouting and negotiating with countries to take custody of this massive human rights violator. The pattern is clear: while Duterte’s legal team files for interim release, his family members are conducting clandestine missions to secure a host country,” Tinio claimed.
According to Tinio and Castro, the priority should be the safety of the victims and witnesses.
`Prioritize safety’
“The ICC must prioritize the safety and security of victims and witnesses over the convenience of the accused. Duterte’s history of silencing critics, eliminating witnesses, and using state resources to threaten opponents makes him uniquely unqualified for interim release under any circumstances,” Castro said.
“We urge victims’ groups, human rights organizations, and all advocates for justice to actively oppose this petition before the ICC. The Dutertes should not win in their attempt to evade justice,” Tinio added.
Last March 11, after coming home from Hong Kong, Duterte was stopped from leaving the Ninoy Aquino International Airport Terminal 3 as local authorities assisted the International Criminal Police Organization in enforcing the ICC’s arrest order.
The warrant was issued due to the crimes against humanity raps filed against the former leader, for his role in his administration’s drug war.
While Duterte was praised for addressing the country’s drug problem, there were concerns from human rights advocates early on that there were rights disregarded in the implementation of the drug war.
After his administration, different bodies have initiated different investigations of the drug war, particularly allegations of extrajudicial killings (EJKs) in the conduct of the police operations, like Oplan Tokhang.
Oplan Tokhang, a portmanteau of Visayan words ‘toktok’ or to knock, and ‘hangyo’ or to plead , a project of Duterte’s close ally and former Philippine National Police (PNP) chief, Senator Ronald dela Rosa.
Despite Tokhang being just about knocking on doors, there were incidents where innocent individuals were killed during drug busts. In August 2017, 17-year-old Kian delos Santos was killed despite not being the original target of the anti-drug operation in Caloocan City. He was shot point-blank even if camera footage showed him pleading for his life.
Two days before Delos Santos was killed, 19-year-old Carl Angelo Arnaiz and 14-year-old Reynaldo “Kulot” de Guzman reportedly suffered the same fate.
Arnaiz and De Guzman’s bodies were found in different areas – Arnaiz at a funeral in Caloocan City, and De Guzman, in a creek in Nueva Ecija. Such incidents became the basis for personalities who sued Duterte for alleged crimes against humanity charges, before the ICC.
In June 2024, human rights lawyer Chel Diokno revealed that the Office of the President (OP) under former president Duterte listed 20,322 drug war-related deaths among its accomplishments in a 2017 report.
Diokno explained that the 20,322 drug-war-related deaths from July 1, 2016, to November 27, 2017, were mentioned in a Supreme Court en banc resolution as part of the OP year-end report.
