Former President Rodrigo Duterte’s legal counsel appealed to the International Criminal Court (ICC) for his interim release, pending approval from the Pre-Trial Chamber and subject to the conditions outlined in the Rome Statute, June 12.
Nicholas Kaufman, Duterte’s lawyer, filed the petition under Article 60(2) of the Rome Statute, which allows a person subject to a warrant of arrest to request provisional release before trial.
ICC may deny the request and keep him in detention if the former president is found to meet any of the conditions under Article 58(1), including the risk of fleeing, interference with court proceedings, and possibility of committing further crime. Otherwise, the court may grant the interim release.
According to the document, an undisclosed country has agreed to receive Duterte should the Pre-Trial Chamber approve the petition. Kaufman argued in the filing that the former president would neither flee nor interfere with court proceedings.
“He does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody,” the petition asserted.
The document further argued that Duterte no longer holds the same influence or power he is said to have abused during the time of the alleged crimes.
“On the contrary, his request for release into [redacted] and his complete abstinence from any media statements since his arrest evinces his intention to divorce himself from politics and governance,” the document read.
Kaufman also cited humanitarian grounds to justify the interim release, pointing to Duterte’s age — 80 years old — and other redacted reasons included in the filing.
As per the petition, the prosecution confirmed its non-opposition, provided that the aforementioned terms were met. However, no decision has been issued as of press time.
Historically, the ICC has not granted interim release to suspects accused of crimes against humanity, although it has done so for those charged with obstruction of justice.
ICC is scheduled to hear the case against Duterte on September 23, in connection with alleged extrajudicial killings committed between 2011 and 2019.
