Prosecution maintains Duterte should not be granted interim release

MANILA, Philippines — The prosecution and the victims’ counsel on Friday told the International Criminal Court (ICC) Pre-Trial Chamber (PTC) I that it cannot grant former President Rodrigo Duterte an interim release as he remains a “flight risk.”

During the hearing on the review of detention before the ICC PTC I, Senior Trial Lawyer Julian Nicholls cited the waiver Duterte filed for the confirmation of charges as to why he should not be granted an interim release.

According to Nicholls, Duterte in his waiver said he did not recognize the jurisdiction of the ICC and insisted that he was “forcibly pushed into a jet and renditioned to The Hague.”

READ: LIVE UPDATES: Duterte ICC Hearing – Confirmation of Charges (Feb 27)

“He refers to his arrest as a kidnapping, none of which sounds as though those were the words of a person who would return voluntarily to the court,” Nicholls said.

Nicholls then noted that Duterte’s legal team previously said he would follow the proceedings through live streaming—if there was an interim release to a third country.

“However, for this hearing, even though he has been granted a waiver, he also doesn’t even want to follow from here. So that means if he was granted interim release … and ordered him to attend, it would be very difficult to make that happen if he simply showed the same disrespect and did not wish to attend even through video link,” he said.

Meanwhile, Joel Butuyan, one of the common legal representatives of victims in Duterte’s case, pointed out that recent developments “strongly support and fully warrant” Duterte’s continued detention.

These developments, said Butuyan, included Duterte’s public rejection of the court’s jurisdiction and his claim that he was “kidnapped” in the waiver also cited by Nicholls.

“Mr. Duterte has clearly demonstrated that he will abscond from the jurisdiction of this court if he is released from detention,” said Butuyan.

“Any condition the court will impose for his release will be considered by Mr. Duterte as non-binding for the simple reason that he does not recognize this court’s jurisdiction and that he is a victim of kidnapping,” he added.

According to Butuyan, if Duterte remains explicit in his contempt for the ICC even while under detention, “imagine how Mr. Duterte will use this contempt for the court if he is released.”

Due to this, Butuyan noted that Duterte remains “a flight risk,” which he said, is further exacerbated by the fact that more than 160,000 his supporters submitted a letter petition to the Philippine Supreme Court (SC) urging the issuance of habeas corpus as a means to force Duterte’s return to the country, along with separate SC filings by his children.

He then argued that there had been no material change in circumstances under the Rome Statute that would justify modifying the chamber’s earlier ruling on detention, adding that on the contrary, today’s conclusion of confirmation hearings further heightens the risk of his non-appearance.

“The end of the confirmation of charges hearing which occurred today further intensifies that risk, as it brings the prospects of trial nearer on the horizon,” said Butuyan.

“Additionally, the conclusions of the panel of experts that Mr. Duterte is able to follow the proceedings underscore, rather than diminish, his capacity to understand and participate necessarily implies a capacity to assess his situation and act upon it, including the possibility of absconding,” he added.

Butuyan also reiterated victims’ position, particularly, fears for their safety and concerns about renewed instability and intimidation should Duterte be released.

“Therefore, we cannot stress enough the duty of the Chamber to not only safeguard the rights of the suspect, but also to ensure the integrity of the proceedings and the protection of victims and witnesses,” said Butuyan.

“On the present record, releasing Mr. Duterte would create risks that the statute seeks expressly to prevent,” he added.

Defense cites existing appeal in non-opposition

Meanwhile, Duterte’s defense team, led by Atty. Nicholas Kaufman, said they will not oppose the continuation of Duterte’s current detention.

This is due to an existing appeal regarding the chamber’s decision on the first detention review against Duterte.

“Since we are still awaiting a judgment of the appeals chamber, the defense will not oppose the continuation of Mr. Duterte’s current detention,” said Kaufman. /jpv