File picture of former President Rodrigo Roa Duterte throughout his preliminary look on the ICC on March 14, 2025 in The Hague.
MANILA, Philippines — Human rights advocates have questioned the “humanitarian” grounds for ex-President Rodrigo Duterte’s request for non permanent freedom in a foreign country, declaring that the Worldwide Felony Court docket (ICC) detention amenities in The Hague, the Netherlands, had been top-notch and that granting his request may jeopardize the proceedings.
As if by design, On Philippine Independence Day, Duterte petitioned for his “interim launch” from the ICC and switch to a different nation. The identify of the nation was redacted within the public launch of his petition.
The attorneys for Duterte led by Nicholas Kaufman instructed the Pre-Trial Chamber (PTC) I in a 16-page request for Duterte’s non permanent liberty, stated that his being a flight threat and the likelihood that he would “proceed to commit crimes” stays “hypothetical” as there have been no precise cases throughout his three months in ICC detention indicating this.
Additionally they identified that Duterte doesn’t maintain the identical “affect or energy” he had when he allegedly waged his brutal drug battle as Davao Metropolis mayor and as president.
READ: Rodrigo Duterte appeals for an interim launch from ICC detention
Duterte is being charged with homicide as against the law towards humanity for the hundreds killed in his antinarcotics marketing campaign from November 2011 when he was nonetheless mayor of Davao Metropolis till March 2019, when the Philippines’ withdrawal from the Rome Statute, which established the ICC, took impact.
Official data put the variety of deaths throughout his six-year presidency at over 6,200. Rights watchdogs say the determine was nearer to 30,000.
Not for grave crimes
The Nationwide Union of Peoples’ Legal professionals (NUPL) vehemently opposed Duterte’s request for launch, saying he couldn’t have “out of the blue turn into powerless.”
Kristina Conti, one of many ICC-recognized attorneys representing the drug battle victims within the proceedings, famous that the one precedents that had allowed interim launch for detainees had been these accused of violating Article 70 of the Statute that consult with “offenses towards the administration of justice.”
These embrace tampering with witnesses and obstruction of justice, which Conti stated had been “not so grave crimes.”
For Conti and Joel Butuyan, an ICC-accredited lawyer helping the drug battle victims, the phrasing of the protection’s claims that the Workplace of the Prosecutor (OTP) of the ICC had already agreed to Duterte’s launch might have been “twisted” in order that it may very well be interpreted as utterly agreeing to his request.
“I believe what’s going to occur is the prosecutor will agree supplied sure situations are met. So, it should agree conditional to the achievement of situations,” Butuyan instructed the Inquirer.
Mum on protection declare
The OTP has not issued any touch upon the petition.
“The (OTP) of the (ICC) will file earlier than Pre-Trial Chamber I a response to the Defence’s request for interim launch of (Duterte),” it stated in an electronic mail to the Inquirer. “The prosecution will file a public model which is able to clearly set out its place on the defence’s software.”
The OTP refused to answer on whether or not it had accepted the undisclosed situations of Duterte’s plea.
Conti referred to as consideration to the way in which Duterte and his attorneys had been framing their arguments to persuade the courtroom to grant his launch.
“You’ll discover how Duterte’s request was worded—that he’s not a flight threat and that he’s not going to commit the crimes additional. It’s one of many necessities or grounds to disallow launch so he has to positively say that ‘no, I cannot proceed to commit crimes,’” she stated in an interview on Friday.
4 grounds
“It’s like he preempted or countered [possible violations that had not yet happened],” Conti stated.
Duterte’s attorneys cited 4 grounds to persuade the PTC I to permit the previous president to depart The Hague: that he “won’t abscond;” that he “won’t imperil proceedings;” that he “won’t proceed to commit crimes;” and that “humanitarian components militate in favor of interim launch.”
“Merely exhibiting the feasibility, ease, or ‘risk’ of Duterte’s capacity to abscond is inadequate; somewhat, there should be concrete circumstances demonstrating that the chance of flight is especially seemingly,” the protection famous.
“The potential of ‘persevering with with the fee of crime[s]’ throughout the courtroom’s jurisdiction is extremely summary,” they stated.
Additionally they cited Duterte’s superior age to invoke “compelling humanitarian grounds” in calling for his launch. Duterte marked his eightieth birthday in detention in March.
The petition that was made public redacted many components that would have presumably cited the well being problems with the previous president.
First-rate facility
Butuyan questioned humanitarian grounds for his launch as a result of the ICC has a first-rate facility and medical staff that would attend to his medical or well being wants.
“Simply lower than three months in the past, he was capable of go to Hong Kong and he even spoke for greater than an hour reportedly in a rally in Hong Kong. After which he got here residence and when he was arrested, he was examined by a physician and nothing severe was discovered,” Butuyan famous.
NUPL, a human rights attorneys’ group, stated in a press release on Friday that ICC amenities had been “vastly superior” to different prisons and “can assure the humane remedy of Duterte.”
Calls for of justice
“Humanitarian issues should not eclipse the calls for of justice, particularly in circumstances involving crimes towards humanity,” it identified.
“Age and well being, whereas related, can not outweigh the rights of victims to see the method of justice carried to its finish,” it stated.
“That he seeks to relocate to a sympathetic, undisclosed host State beneath situations shielded from public scrutiny solely heightens the chance. A person as soon as known as probably the most highly effective official within the Philippines doesn’t out of the blue turn into powerless,” it added.
Denied due course of
In contrast to Duterte, the drug battle victims weren’t granted any type of aid and denied due course of as they had been gunned down in alleyways for allegedly combating again towards the police, NUPL stated.
“There isn’t any compelling purpose to now lengthen particular consideration to the very architect of those atrocities,” it stated.
Butuyan stated Duterte’s attorneys could also be planning to maneuver him to Belgium, which shares a border with the Netherlands.
Case of Bemba
He stated Belgium had hosted detainees launched briefly from ICC detention previously.
One African chief who was beneath trial and launched to Belgium was Jean-Pierre Bemba, who was head of the Motion for the Liberation of Congo.
He was granted launch in August 2009 however the order was reversed in December that 12 months. He was later acquitted of battle crimes and crimes towards humanity however was convicted of offenses towards the “administration of justice” and sentenced to 1 12 months in jail. He was freed with time served.
Conti, who’s energetic in sufferer assist teams like Rise Up for Life and Rights and Duterte Panagutin Marketing campaign Community, stated that whereas Belgium was identified for welcoming ICC detainees and for upholding human rights, it had additionally rejected internet hosting some.
“I don’t find out about Belgium now,” she stated. “However in fact, there are different international locations within the space who can very nicely volunteer.” —with a report from Inquirer Analysis