Pulong Duterte slams ICC decision rejecting dad Rodrigo's interim release

Davao City 1st District Representative Paolo "Pulong" Duterte branded as "political theater" the International Criminal Court's (ICC) decision rejecting the interim release bid of his father, former President Rodrigo Duterte.

In a Facebook post after the ICC released its decision Friday evening, the lawmaker vowed to "fight this by the book" even as he criticized the ruling and those allegedly behind his father's detention in The Hague, Netherlands over charges of crimes against humanity.

"This decision is a gross and disgraceful miscarriage of justice. It is not law — it is a political theater," the younger Duterte said in a Facebook post.

"My father, an 80 year old man, who is no longer in power has been in fact a subject of political persecution in his own country since he stepped down…he is definitely not a flight risk, he does not need it, he is much loved in his own country that he would have wanted nothing more but to stay there for as long as his creator permit him," he added.

In a 23-page decision on the defense counsel's request for interim release, all three magistrates of the ICC Pre-Trial Chamber I found that the elder Duterte's detention continued "to remain necessary under article 60(2) of the Statute based on each of the requirements set by article 58(1) of the Statute." The decision was dated September 26. 

Included in the decision was the former president's contention against his arrest and detention, his family's demands that he should be brought back to the Philippines, and remarks by his daughter, Vice President Sara Duterte, on breaking the former president out of ICC detention.

Attempt to 'delegitimise' 

The Chamber noted that Sara made public comments last July that "attempted to delegitimise the Court’s proceedings against Mr Duterte, citing collusion between the Court and the government of the Philippines as well as the use of 'fake witnesses.'"

Pulong, meanwhile, called his father's detention since his arrest last March as "baseless."

"To all kidnappers of my father I will make sure that you will pay for this crime that you have committed. To the CIA who connived in this criminal act, my father's kidnapping will not silence him. As a matter of fact, you might just have helped in making him a martyr. The anger of his people on his baseless imprisonment might just worsen just as their love for him will grow bigger," the congressman said.

While Pulong said they would appeal the ruling, lead defense counsel Nicholas Kaufman said Friday the former president's camp already filed an appeal "a week ago."

"The Defence considers that the decision to dismiss unprecedented State guarantees for a debilitated and cognitively-impaired 80 year-old, kept from the public eye for more than six months, to be erroneous," Kaufman said.

The ICC Prosecutor has charged Duterte with murder and frustrated murder over 49 incidents in his war on drugs when he was mayor of Davao City and as President of the Philippines. The former president's confirmation of charges hearing was previously scheduled on September 23.

'Trust, respect' for victims

Meanwhile, ICC Assistant to Counsel Atty. Kristina Conti on Friday lauded the decision, which she said affirms that the former president's continued detention "is still necessary."

"The judges have clearly listened to all parties, and most especially the victims, in its decision-making. We are relieved that this shows a fair amount of trust and respect for victims, often overlooked in international law, and a balanced consideration of arguments of the suspect/accused," Conti said.

She said victims of the drug war await and hold on to the belief that although "the wheels of justice turn slow, these grind exceedingly fine."

"The decision on interim release is mollifying, but at the same time acutely reminds us of how influential the Dutertes still are. But with the detention of Duterte the mastermind in the Netherlands, we expect victims and witnesses of the 'war on drugs' here in the Philippines to be more emboldened to participate. Perhaps, the victims of all his other crimes as well," Conti said.

Speaking at a forum organized by the UP National College of Public Administration and Governance Student Council on Saturday, Conti said that the ICC serves "as a ray of hope."

"The ICC case against Rodrigo Duterte appears to be, if not one of the rays of hope, it seems to be the only ray of hope against impunity in the Philippines," she said.

On the strength of a warrant issued by the ICC, authorities arrested Duterte in Manila upon his return from Hong Kong on March 11. 

Duterte is currently detained at the Hague Penitentiary Institution or the Scheveningen Prison on charges of crimes against humanity in relation to his administration’s drug war, which killed over 6,000 drug suspects in police operations per government records. 

However, human rights organizations estimate the death toll may have reached 30,000 due to unreported incidents.

Duterte has denied the allegations against him. — VDV/VBL, GMA Integrated News