Prosecution to answer Duterte's bid for interim release

The prosecution in the crimes against humanity case against former President Rodrigo Duterte will answer before the International Criminal Court his request for interim release to a country, which his lawyer said has agreed to take him in.

The prosecution was asked to comment on the defense's claim that it had agreed not to oppose the interim release subject to certain conditions.

"The Office of the Prosecutor of the International Criminal Court will file before the Pre-Trial Chamber I a response to the defense's request for the interim release of Mr. Rodrigo Roa Duterte," the office said in an email to GMA News Online.

Duterte is facing crimes against humanity charges before the ICC in connection with the killings under his war on drugs when he was mayor of Davao City and when he was president of the Philippines.

His lawyer, Nicholas Kaufman, has asked the International Criminal Court that he be released to a country, the name of which has been redacted from the copy of the urgent request for interim release posted on the ICC's website.

According to the 16-page request, the undisclosed country has agreed to take in the former leader, who is facing charges of crimes against humanity in connection with the killings under his war on drugs when he was mayor of Davao City and when he was president of the Philippines.

Signed by Duterte's defense counsel, Nicholas Kaufman, the request also said that the prosecution has confirmed its non-opposition to the former president's interim release to the country, yet to be made public, "on the understanding that the terms and conditions set out in Annex A to this filing would be met."

'Not a flight risk'

"Mr. Duterte does not meet any of the conditions to warrant further pre-trial detention as provided in Article 58(1)(b). 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," Kaufman said in his request for Duterte's interim release.

"[Redacted] has affirmed its principled willingness to cooperate with the court, and to accept Mr Duterte onto its territory for the duration of his interim release and enforce conditions of release. It has also affirmed that it will make its prompt observations, should it be invited to do so by the pre-trial chamber," he added.

"As such, the defense will respectfully request that the pre-trial chamber order Mr Duterte’s immediate release into [redacted] under any conditions as deemed appropriate," the request read. –Joahna Lei Casilao/NB, GMA Integrated News