ICC denies Duterte’s appeal for Interim Release over Crimes against Humanity case

The International Criminal Court (ICC) ‘s Pre-Trial Chamber I rejected former President Rodrigo Duterte’s appeal for interim release. 

The ICC pre-trial chamber I, which is handling the crimes against humanity case against Duterte, believed that all three risk factors were present based on its decision released on October 9.

In the Pre-Trial Chamber stated in a 23-page Duterte’s detention “continues to remain necessary,” reiterating what it has previously argued based on three grounds under the Rome Statute: (1) to ensure his appearance at trial; (2) to prevent him from obstructing the investigation or the proceedings, and (3) to stop potential commission of further crimes.

To determine if Duterte will escape, thus missing his trials, the Chamber took note of Duterte’s repeated rejection of the Court’s authority as he and his supporters called his arrest “pure and simple kidnapping.”

The Chamber mentioned the public statements and actions of his family, including Vice President Sara Duterte and supporters.

“More specifically, the Chamber notes that, on July 19, Duterte’s daughter mentioned in public speeches the idea of breaking Mr. Duterte out of the ICC Detention Centre,” the Chamber said.

The ICC also rejected Duterte’s plea for humanitarian considerations, noting that Duterte himself has expressed his wish to return to Davao City should he be granted interim release.

“The foregoing emphasizes Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution,” the ICC explained.

The Chamber also refuses to grant the interim release request because it believes that the risk of Duterte endangering the investigation of the Court proceedings remains, as his and his associates’ history shows that he is able and has the means, either directly or through his associates, to obstruct proceedings against him.

“Notably, the Chamber notes Duterte’s alleged involvement in briefing a witness due to testify before the Philippines Senate’s inquiry into the Davao Death Squad, as well as threatening and taking retaliatory actions against individuals opposed to him, which, in the Chamber’s view, indicate Duterte’s propensity to interfere with investigations against him,” the Chamber added.

The Chamber also stated that Duterte is facing serious charges brought against him, and might be imposed a lengthy sentence if confirmed and convicted following trial, thus, Duterte would have a strong incentive to influence the Prosecution’s witnesses before the start of any trial.

“The Chamber therefore finds that the requirement of article 58(1)(b)(ii) of the Statute is also fulfilled, and that the continued detention of Mr Duterte is justified at this stage of the proceedings to ensure that the suspect does not obstruct or endanger the investigation or the Court’s proceedings,” the chamber emphasized.

Victims’ lawyer Kristina Conti, who is an ICC-accredited assistant to counsel, said “the decision on interim release is mollifying, but at the same time acutely reminds us of how influential the Dutertes still are.”

“But with the detention of Duterte, the mastermind, in the Netherlands, we expect victims and witnesses of the war on drugs here in the Philippines to be more emboldened to participate. Perhaps the victims of all his other crimes, as well,” said Conti.