Lawyers of drug war victims’ kin urge ICC to reject request

There is a 50-50 chance that former President Rodrigo Duterte could secure interim release from the International Criminal Court, said a lawyer representing the families of victims of the previous administration’s bloody war on drugs.

The defense team of the 80-year-old Duterte said the former president was not a flight risk and should be allowed interim release to a country that was redacted from the document they submitted to the ICC.

Based on the request of Duterte’s defense team, the prosecution has confirmed its non-opposition to his interim release. The prosecution team, however, has yet to make an official confirmation of this claim. The ICC has never granted to those facing crimes against humanity in the court’s 23-year history.

It has, however, granted interim release on two occasions for cases involving offenses against the administration of justice under Article 70 of the Rome Statute that covers perjury or false testimony, obstruction of court activities and solicitation of bribes.

The defense team made the following submissions: Duterte will not abscond; he will not imperil proceedings if released; he will not continue to commit crimes; and humanitarian factors militate in favor of interim release.

“If there is a receiving state that is near The Hague, and if they can ensure that Duterte will be able to attend all hearings, that might work in his favor. Ensuring the requirements are meant is half the job,” Conti said in a radio interview.

“We are 50-50 on that note,” she added when asked about the possibility that Duterte’s request could be approved. “Of course, it’s tough citing humanitarian grounds… [but] it’s due process.”

The National Union of Peoples’ Lawyers (NUPL) strongly urged the ICC to reject the interim release application.

“A man once referred to as the most powerful official in the Philippines does not suddenly become powerless,” the NUPL said.

While age and health are relevant, the NUPL said these cannot outweigh the victims’ rights, noting that the ICC’s facilities are “vastly superior” to guarantee his humane treatment.

Family members of Duterte’s drug war victims likewise expressed anger over the interim release request.

In a statement, the Rise Up for Life and for Rights group said Duterte’s request made the victims’ kin worry and feel unsafe.

“There is a big possibility he could use this to speak in public to evade accountability,” the group said. “The families of the drug war victims hope the interim release application will be rejected.”

Former Bayan Muna representative Neri Colmenares, a human rights lawyer, added: “The victims and their legal representatives may still assert their right to submit their opposition to Duterte’s application.”

“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 (Nicholas) 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 defense as to which set of obligations must be followed before the PTC will decide,” he added.     

“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.”