The Office of the Prosecutor has asked the Pre-Trial Chamber of the International Criminal Court (ICC) to deny an urgent request for the interim release of former President Rodrigo Duterte.
Meanwhile, Senator Robinhood Padilla plans to refile a resolution urging the government to secure the immediate release of Duterte from detention in The Hague, Netherlands.
Earlier this month, Duterte made the request saying he “is not a flight risk, and custody is not necessary to ensure his appearance before the Court.”
In a 15-page publicly redacted response dated June 23, the prosecutors maintained that the continued detention of Duterte was necessary to ensure his appearance at the trial.
They argued that the former president does not recognize the legitimacy of the legal proceedings against him, claiming that he was abducted by the ICC.
The prosecutors also cited Duterte’s political position and international contacts which are “relevant factors in determining the risk of flight and may contribute to their ability to abscond.”
Likewise, his financial situation and resources can also be a factor relating to his family’s powerful position and connections, the prosecutors noted.
They also contended that Duterte’s continued detention was imperative to ensure that he does not obstruct or endanger the investigation or court proceedings, underscoring that his associates have a history of interfering with investigations against him.
“If released, [Duterte] would have greater access to his associates and family who remain in positions of power with access to networks and personnel to carry out witness interference,” the prosecution’s document read.
Meanwhile, Duterte is looking at Australia as one of the countries for his possible interim release, according to his daughter Vice President Sara Duterte.
The Vice President made the confirmation over the weekend while on a personal trip in Australia.
“Australia is in the list of countries that are considered by the lawyers, but I am not here for the interim release. Not for this visit,” VP Sara said in an ambush interview.
She said that she went to Australia because she wanted to bring to the international community and talk to the Filipino community there “about the International Criminal Court and the case of former President Duterte [and discuss] what is happening in our country right now in terms of the performance of the administration of President Marcos.”
She also said that she tried to reach out to Australian Foreign Minister Penny Wong, but the latter was unavailable to meet her on Monday.
“So, I will not be visiting Australian government officials for this visit. But I do hope that I can meet them in my next visit in the future,” the Vice President said.
“No Filipino, especially a public servant with 34 years of dedicated service as mayor, vice mayor, and congressman of Davao City, and President of the Republic, should be detained or tried by a foreign tribunal for alleged crimes committed in the Philippines,” Padilla’s resolution stated.
The measure was originally submitted Monday, but rejected due to congressional rules at the close of the 19th Congress.
Padilla argued that the move was essential for national reconciliation, asserting that the Philippines must take the lead in addressing any alleged offenses committed within its borders.
“The Senate, as representatives of the Filipino people, cannot ignore the widespread support for former President Duterte and his repatriation,” the document read.
The senator’s resolution noted that the government should continue its own investigations into Duterte’s controversial war on drugs and prosecute any offenses based on domestic evidence.
He stressed the need to assert Philippine sovereignty and uphold its exclusive right to investigate and prosecute its own citizens under the Constitution and legal framework.
“Should a full repatriation free from ICC jurisdiction prove impracticable, the Philippine government should, at minimum, and on ad cautelam basis and without accepting ICC’s jurisdiction, secure former President Duterte’s interim release to the Philippines under conditions acceptable to the ICC,” Padilla argued.
He adverted to the Principle of Complementarity under the Rome Statute, which limits ICC intervention to cases where a country is unwilling or unable to prosecute on its own.
“It is the solemn duty of the Senate to uphold the sovereignty of the Republic, reaffirm the right of the Filipino nation to determine the accountability of its citizens through its own legal system, and promote unity and reconciliation to strengthen national progress” Padilla stressed.