ICC prosecution asks tribunal to reject Duterte's bid for interim release

The Office of the Prosecutor in the International Criminal Court has asked the tribunal to reject former President Rodrigo Duterte's bid for interim release.

Duterte's defense counsel, Nicholas Kaufman, earlier in June asked the ICC that the former leader be released to a country that has indicated a willingness to take him. The name of the country was redacted from the copy of the urgent request for interim release posted on the ICC's website.

The request also said that the prosecution 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."

“[T]he Prosecution respectfully requests that the Chamber reject the Defence’s Request for the interim release of Mr Duterte,” the Office of the Prosecutor said in a 15-page document dated June 23.

ICC Deputy Prosecutor Mame Mandiaye Niang signed the document.

In their request, Duterte’s camp argued that he is not a flight risk. They also cited humanitarian considerations for the interim release.

Duterte is currently under ICC custody at The Hague, Netherlands, to face charges over his administration’s war on drugs.

The prosecution argued that Duterte’s continued detention is necessary to ensure his appearance during trial, saying that Duterte does not accept the legitimacy of the legal proceedings against him.

It noted Duterte’s previous remarks against the ICC as well as the petition he filed before the Supreme Court against the cooperation of the Philippine government with the ICC.

The prosecution also said that Duterte’s counsel and family have claimed that he was kidnapped and vowed to return him to the Philippines. 

"A victim of a kidnapping is unlikely to return to the custody of the kidnapper if allowed to escape. Mr. Duterte, his family, vocal supporters, and counsel all consider him a victim of kidnapping/abduction," the prosecution said.

Meanwhile, the prosecution said that Duterte’s allies and family members remain in positions of power. It specifically mentioned Vice President Sara Duterte, noting that the vice president made clear that she views his detention as illegitimate. 

Further, the prosecution said that Duterte’s release poses a risk to the ongoing investigation due to the possible opportunity to intimidate or threaten witnesses, as he appears to still wield considerable power.

It added that the former president would also have greater access to his associates.

The prosecution alleged that Duterte and his associates had interfered in investigations, including investigations into alleged EJKs in Davao City in 2009, as well as Senate inquiries into the drug war in 2016 and 2017. 

The prosecution also noted the arrest of former Senator Leila De Lima, a known critic of Duterte, and Duterte’s threats against individuals opposing his drug war. 

Meanwhile, the prosecution denied that any agreement was reached with the Defence regarding Duterte’s release to the country proposed by the Duterte camp. 

It said they agreed under the condition that Duterte would be released to another country. –NB, GMA Integrated News