Senate adopts resolution urging ICC to grant Rodrigo Duterte house arrest 

The Senate on Wednesday voted to adopt a resolution requesting the International Criminal Court (ICC) to hold former president Rodrigo Duterte under house arrest for “humanitarian considerations.” 

Out of 20 senators present in the plenary, 15 voted yes, three voted no, and two abstained in the motion to adopt proposed Senate resolution No. 144.

The resolution, introduced by Senate Minority Leader Alan Peter Cayetano and Senate Majority Leader Juan Miguel “Migz” Zubiri, states that, considering the old age and deteriorating health of Duterte, the ICC should designate a physician or medical doctor to examine him to determine if he is fit to withstand regular detention.

Should medical findings show that the former president’s continued detention will further worsen his medical condition, the ICC should thus allow him to be detained under house arrest. 

“[S]uch house arrest, or a similar appropriate arrangement, will be subject to conditions restricting liberty to be imposed by the ICC, presenting no risk to the integrity of the ongoing trial,” the resolution read. 

Those who voted “no” were Senators Risa Hontiveros, Bam Aquino, and Francis “Kiko” Pangilinan. 

Senate President Vicente “Tito” Sotto III and Raffy Tulfo, meanwhile, abstained.

Senators who voted “yes” were: Zubiri, Alan Cayetano, Rodante Marcoleta, Imee Marcos, Robin Padilla, Ronald Dela Rosa, Joel Villanueva, Jinggoy Estrada, Bong Go, Sherwin Gatchalian, JV Ejercito, Loren Legarda, Ping Lacson, Erwin Tulfo, and Mark Villar.

Senators Lito Lapid, Pia Cayetano, Camille Villar, and Francis “Chiz” Escudero were absent from the voting process. 

Explanation

In explaining her “no” vote, Hontiveros emphasized that if Duterte is really sick, he should be taken to the hospital in The Hague and be given appropriate help and support by the Philippine Embassy in the Netherlands. 

“Mga kasama, ang mga atrocities ng tinatawag na war on drugs ay hindi mga guni-guni lamang. Sila ay mga winasak na buhay ng libo-libong mga mahihirap na Pilipino. Sila ay mga hiyaw ng mga nanay at tatay na ang mga anak kailanman ay hindi na umuwi. Sila ay mga walang markang libingan at ‘yung kultura ng impunity na hanggang ngayon nagmumulto sa ating lipunan,” Hontiveros said. 

(The atrocities that were committed in the so-called war on drugs were not fantasies. They are the destroyed lives of thousands of poor Filipinos. They are the cries of the mothers and fathers whose children will never come home. They are the unmarked graves and the culture of impunity that until now haunts our society.)

“Hanggang sa araw na ito, yang mga pamilya na mga biktima ay nagde-demand pa rin ng hustisya, katotohanan at accountability habang patuloy din silang natatakot para sa kanilang mga buhay. Samantalang dito po tayo, nagsusulong ng humanitarian considerations para sa indibidwal na mismong akusado ng mga krimen laban sa kanila at laban sa humanity,” she added. 

(To this day, the victims' families demand justice, the truth, and accountability even as they fear for their own lives. And yet we here are advocating for the humanitarian considerations for the very individual who is accused of crimes against these people and against humanity.)

Pangilinan, meanwhile, said that as chairman of the Senate Committee on Justice and Human Rights, it is his duty to side with those who are seeking justice. 

“Libo-libo ang pinatay. Libo-libo pa ang nawalan ng ama, ng ina, ng anak—-na ang hiling ay hustisya. Tama rin na humingi ng hustisya. Saan tayo papanig? Tama may basehan ang humanitarian konsiderasyon. Ngunit may basehan rin yung daing at dalamhati at yung masasaktan na libo-libo nating kababayan na pinatay. Saan tayo? Humanitarian consideration o sa mga daing na hinihiling ang hustisya?” Pangilinan asked. 

(Thousands were murdered. Thousands lost fathers, mothers, children, who seek justice. It is right for them to seek justice. Who shall we side with? It's true there is a basis for humanitarian consideration. But there are also the cries and the grief and the cause of the thousands of our countrymen who have been killed. Where will we side? With the humanitarian consideration or the cries for justice?)

Sotto also said he opted to abstain in a bid to prevent further division in the country. 

“I am supportive of any efforts to bring comfort to FPRRD and to uplift his well-being during this crucial time. However, my choice or decision in conscience, in my conscience, might even help in further dividing the nation,” he said. 

In his co-sponsorship speech, Marcoleta also said that “justice must never be devoid of compassion.”

“Nais ko pong linawin na tayo ay hindi humihingi ng kalayaan mula sa proseso. Hindi rin po ito paghuhusga sa merito o katotohanan ng mga kaso laban kay dating Pangulong Duterte. Ang panawagan lamang natin ay para sa isang makataong konsiderasyon – that he be allowed to be placed under house arrest, given his age and frail medical condition,” Marcoleta said.

(I want to make it clear that we are not asking for freedom from the process. This is also not placing judgment on the merits or truths of the case against former President Duterte. What we are calling for is for humanitarian consideration.)

Counterproductive

In a social media post, ICC assistant to counsel Kristina Conti said the Senate resolution urging the ICC to place Duterte under house arrest is “counterproductive.”

“The ICC Pre-Trial Chamber I will only consider matters of fact and law as it evaluates both of Duterte's requests for adjournment (because he is not fit for trial with "cognitive impairments") and for interim release (because he is old and allegedly, sick),” Conti said. 

She added that the Senate is not involved with the ICC process, and it is unclear how the former will communicate with the latter.

“Unless the Senate has direct knowledge of Rodrigo Duterte's physical and mental health and their report is transmitted to the ICC through the proper channels, then the resolution will be mere political noise,” Conti said.

Without naming names, the lawyer said at least one senator sponsoring the resolution is “probably among the co-perpetrators” in the Duterte ICC case, calling the move “patently self-serving.”

“This move could backfire, if the court sees this as political intrusion and a form of undermining of its independence,” Conti said.

“The court may also see this as conclusive proof that the Dutertes still exercise significant political clout nationwide. Duterte family members are in positions in Davao, which is why he cannot simply go home there,” she added. —with Mariel Celine Serquiña/LDF/BM, GMA Integrated News