Malacañang on Friday said it will leave the decision on former President Rodrigo Duterte’s request for interim release entirely to the International Criminal Court (ICC), emphasizing that it will respect whatever ruling the tribunal hands down.
“Let’s just let the ICC decide whether to grant their request or not,” Presidential Communications Office Undersecretary Claire Castro said in a press briefing. “That is now up to the ICC,” she added.
Duterte’s legal team recently filed a petition seeking temporary release while his case is pending before the ICC, arguing that he is not a flight risk, is unlikely to commit further crimes, and that a member state is ready to receive him should the court allow it.
Castro raised questions about the implications of the petition, particularly the phrasing that Duterte “will not continue to commit crimes,” which she said may unintentionally suggest admission of wrongdoing.
“In one way or another, the counsel admitted that the former president had committed such crimes, just a question, because they will include that in their petition,” Castro said. “Is there any admission here?” she added.
Castro, also a lawyer, added that while it is ultimately a matter for the ICC to assess, she hoped Duterte’s camp would not later walk back its commitments in the petition.
Duterte’s legal team formally submitted a request for his interim release to the ICC on June 12.
The petition, filed by his lead counsel Nicholas Kaufman and published on the ICC’s official website, asked that Duterte be temporarily released to an undisclosed location.
The defense argued that Duterte is not a flight risk and cited his advanced age as a humanitarian consideration. They also noted that the alleged crimes occurred during his presidency and that he no longer holds the same position or influence that was supposedly abused at the time.
Citing past ICC practices of granting provisional release on humanitarian grounds, the defense urged the Court to consider similar treatment for Duterte.
Additionally, the legal team requested a shortened deadline for responses or observations regarding the motion.
