Former presidential spokesperson Harry Roque is considering lodging a complaint before the European Court of Human Rights in a bid to secure the release of former president Rodrigo Duterte from detention. Roque cited an alleged “law” in the Netherlands prohibiting incarceration of individuals aged 80 and above.

Roque, who is also a registered lawyer with the International Criminal Court (ICC), plans to invoke provisions of both the International Covenant on Civil and Political Rights and the European Convention on Human Rights to challenge Duterte’s continued detention at Scheveningen Prison in The Hague, the ICC’s detention center.

Duterte, now 80 years old, is facing a single charge of crimes against humanity for his administration’s internationally criticized war on drugs.

“In the Netherlands, they have rules that if you’re 80 years old, you should no longer be imprisoned. Why are Dutch people and other citizens here are spared from imprisonment, but Tatay Digong remains in jail?” Roque lamented in Filipino in a Facebook video interview.

Roque added that he is consulting Dutch legal experts to further verify the existence and applicability of this alleged law, with the aim of building a case against what he sees as unlawful detention.

“If there is such a law, we can challenge it as being contrary to human rights, as it violates the equal protection of the law. Equal protection of the law means that people similarly situated should be treated alike,” he argued.

Currently in The Hague and applying for asylum, Roque said he has already sought the ICC’s permission to visit Duterte and coordinate legal strategies moving forward.

He emphasized that international legal avenues remain open outside the ICC.

“The European Treaty on Human Rights is a right of all individuals within the territory of a state here in Europe, and that includes Tatay Digong. Although he is Filipino, the rights granted to all citizens in Europe are also available to Tatay Digong,” he said.

Duterte has been in ICC custody since his March 11 arrest in Manila, accused of overseeing extrajudicial killings during his time as mayor of Davao City and later as president of the Philippines, spanning 1 November 2011 to 16 March 2019.

The confirmation of charges hearing is scheduled for 23 September.

His lead counsel, Nicholas Kaufman, previously confirmed that an application for Duterte’s temporary release is underway—an effort already opposed by victims’ lawyers.

While the Philippine government officially recorded over 6,000 deaths under the drug war, human rights groups estimate the real figure could reach 30,000, with most victims from low-income communities.