Lawyer wants ICC to see Imee panel's report on Duterte arrest

The defense team of former President Rodrigo Duterte is seeking to submit to the International Criminal Court (ICC) the findings of the committee inquiry conducted by Senator Imee Marcos on the former leader’s arrest.

Duterte’s counsel, Nicholas Kaufman, said this in a 10-page request to the Pre-Trial Chamber 1 to be allowed to reply to the prosecution’s opposition to Duterte's request for interim release.

“If leave to reply is granted, the Defence will produce documentation clearly showing that the domestic unlawfulness of Mr. Duterte’s surrender represents official findings of the Committee on Foreign Relations in the Senate of the Republic of the Philippines,” he said.

He said that the committee’s findings corresponded to his utterances that Duterte’s arrest and transfer to the ICC is a result of “political maneouvering” to “politically cripple” his family.

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.

For its part, the prosecution has asked the tribunal to reject Duterte’s interim release.

Kaufman argued that a reply to the opposition is necessary to address all of the prosecution’s factual assertions on the risk posed by interim release.

“Leave to reply will permit the Defence to present official Senate documentation to balance the factual gossip presented by the Prosecution, derived not from proper investigative work but, rather, from newspaper clippings,” he said.

In the Philippines, committee chairperson Senator Imee Marcos previously sent a letter to the Office of the Ombudsman saying the inquiry “uncovered acts by high-ranking government officials which very likely constitute criminal and administrative offenses" during Duterte’s arrest in March.

Sought for comment, Palace Press Officer Undersecretary Atty. Claire Castro said Duterte's camp should concentrate on their defense.

''Yes, for the fees he has allegedly been demanding from his client, former President Rodrigo Duterte, he should do better than that. He should concentrate on his defenses, he should concentrate on the allegations and admissions of the former President of his killings and that he ordered the killings of some people in relation to war on drugs,'' Castro said in Tuesday's briefing.

''And he also admitted that he will double the EJK killings once elected as a mayor. He should concentrate on that, that is supposed to be paddle his defense for his client,'' she added. 

Led by Senator Imee Marcos, sister of President Ferdinand ''Bongbong'' Marcos Jr., the committee had found that there were “glaring violations on the rights” of the former president.

“The Constitutional safeguards guaranteeing liberty and due process of law were not observed. No warrant was issued by a Philippine court. The arrest did not fall within the exceptions to a warrant arrest,” Imee had said.

“The Constitutional safeguards guaranteeing for the liberty [and] abode were also disregarded. No court order was issued mandating that the former president be taken out of the Philippines against his will,” she added.

Castro expressed belief that the Senate panel report could have a negative impact on Duterte's case.

''Baka maging negatibo pa po sa kanila (Maybe it will have a negative impact on them) ,'' she said.  

Meanwhile, the Palace official was also asked about the statement of Elizabeth Zimmerman, Duterte's ex-wife, that the former chief executive had gone thin inside the ICC penitentiary. 

Castro said that Zimmerman had mentioned that Duterte was okay.

''Sa ngayon po, dahil mismo ang pamilya niya ang nagsabi na okay po ang Pangulo, ang kailangan na lang po siguro niya ay exercise,'' she said.

(At this point, since his family already said that he's okay, maybe he just needs some exercise.) 

Duterte was arrested on March 11 in Manila, delivered to ICC custody on March 12, and detained at the ICC Detention Center on March 13.

He is currently detained in the Scheveningen Prison in The Hague for charges of crimes against humanity for the extrajudicial killings during his administration’s war on drugs. 

His camp has sought his release to an undisclosed country. —AOL, GMA Integrated News