Former President Rodrigo Duterte’s legal counsel has submitted a request to the International Criminal Court (ICC) for his interim release to an undisclosed country, according to a publicly available document on the ICC website.
The 16-page urgent request states that the unnamed country has expressed willingness to accept Duterte, who is facing charges of crimes against humanity over the killings linked to his anti-drug campaign during his tenure as Davao City mayor and later as President of the Philippines.
Nicholas Kaufman, Duterte’s lead defense counsel, signed the request, noting the prosecution has confirmed its non-opposition to the former president’s interim release “on the understanding that the terms and conditions” would be met.
“He (Duterte) does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody,” Kaufman said in his petition.
Kaufman said the undisclosed country “affirmed its principled willingness to cooperate with the court, and to accept Mr Duterte onto its territory for the duration of his interim release and enforce conditions of release.”
The defense also requested that the deadline for submitting any responses or comments be expedited. However, the reason for this request has been redacted in the publicly available copy.
Duterte was arrested in Manila on March 11, transferred to ICC custody on March 12, and placed at the ICC Detention Center on March 13.
Kaufman said Duterte was “visibly fatigued” when he faced the tribunal via video call from detention on March 14.
The defense cited as basis for the interim release request Article 58(1) of the Rome Statute.
“[T]his is not a discretionary decision, it is absolute. Even where Article 58(1)(b) risks may exist, interim release is still appropriate where those risks can be mitigated by the imposition of certain conditions of release,” the request read.
“This is consistent with the international human rights norm that alternatives be employed as early as possible to ensure pre-trial detention is a last resort that lasts no longer than necessary,” it added. The request assured Duterte would not escape from custody.
“[Were] he to abscond from [redacted], not only would he embarrass his hosts, but as one of the most recognized political figures in the world, he would be easily found returned to ICC custody without any prospect of future release,” according to the petition.
The defense also argued that Duterte would not imperil the proceedings nor continue to commit crimes. It also cited humanitarian considerations since the former president is already 80-years old and has underlying medical conditions.
