Former President Rodrigo Duterte may be granted interim release by the International Criminal Court (ICC), if the unnamed country willing to accept him can ensure his attendance at court proceedings, a lawyer representing the victims of alleged extrajudicial killings in his drug war said on Friday.
The defense team of 80-year-old Duterte—led by lawyer Nicholas Kaufman—filed a petition for his interim release to an undisclosed location, arguing that the former leader poses no flight risk and had to be granted his temporary freedom due to his advanced age.
The “heavily redacted” request published on the ICC’s official website cited Duterte’s health issues as a basis for seeking his release, according to human rights lawyer Kristina Conti.
“The version of the request we saw has been heavily redacted. We don’t know the grounds. We don’t know the status of the country that is willing to accept him (Duterte). We don’t know the conditions,” Conti said in an interview.
When asked about the chances of the ICC granting Duterte’s request, she replied: “We are 50-50 on that note.”
“If there was a receiving state near The Hague, and they can assure that Duterte will appear in the hearings, so to speak,” the former president may be released, according to Conti.
But the human rights lawyer also expressed hope that the ICC would give victims an opportunity to weigh in on the matter. “Of course, it’s tough citing humanitarian grounds… [but] it’s [part of the] due process,” Conti said, acknowledging Duterte’s health issues.
Duterte’s team noted that “since the Chief Prosecutor’s leave of absence, the Prosecution has confirmed its non-opposition to interim release…on the understanding that the terms and conditions set out in Annex A to this filing would be met.”
ICC Chief Prosecutor Karim Khan went on leave while an investigation into allegation of misconduct against him is underway.
Conti expressed dismay over reports that the ICC prosecutor would not oppose Duterte’s request for interim release. It was stated in the petition, however, that certain conditions must be met by the defendant first before the interim release request is granted by the Court.
Duterte, 80, was arrested at Manila’s international airport on March 11 and flown to The Hague that same day to face crimes against humanity charges related to his anti-drug campaign, which claimed the lives of thousands, mostly poor men.
On March 14, Duterte appeared before ICC judges via video link. He is scheduled to attend a hearing on September 23 to confirm the charges against him.
