Releasing Duterte from ICC custody seen to 'escalate attacks' vs EJK victims

The legal counsel for drug war victims on Friday strongly appealed to the International Criminal Court (ICC) to reject former president Rodrigo Duterte’s defense petition for his temporary release, warning that aside from posing a threat, it would “escalate the attacks” already being carried out by the ex-leader’s supporters since his arrest on 11 March.

Rights lawyer and former lawmaker Neri Colmenares argued that releasing Duterte from detention would worsen the situation for witnesses, who are reportedly being harassed by his supporters — actions that violate Article 58 of the Rome Statute.

The provision mandates that a person awaiting trial must appear at proceedings and must not obstruct or endanger the investigation.

“The victims and their lawyers have been under attack, and this will escalate if he is free to orchestrate this,” Colmenares said. “The safety of those seeking justice must be prioritized over the convenience of the accused.”

Duterte’s lead legal counsel, Nicholas Kaufman, requested the ICC to allow Duterte’s interim release to an undisclosed country, claiming he is “not a flight risk” and would “not imperil proceedings if released.”

“The charges against Mr. Duterte have not been confirmed, and the case is not in a sufficiently advanced stage of disclosure — quite the opposite,” the redacted document dated 12 June.

Furthermore, Kaufman argued that Duterte’s advanced age must be taken into consideration.

Colmenares, however, countered that the petition must be dismissed, citing Duterte’s “long history of threats, harassment, and even killings targeting victims, witnesses, and human rights lawyers.”

He also expressed doubt that Duterte, once released from ICC custody, would obey the court’s orders, including returning to The Hague for trial, given his history of “reneging on promises and commitments.”

In a congressional hearing last year, Duterte dared the ICC to come and get him, implying that he was tired of waiting for the court to act. Duterte, a lawyer, told lawmakers that he would personally go to the ICC and investigate himself — if he had the resources.

“He has consistently attacked the court, and there is no evidence that Kaufman can submit to prove that he is now willing to follow the orders of the court. He has the motive and the resources to escape and go to another country or even return to the Philippines. The prosecution and the court cannot trust President Duterte,” Colmenares said.

“He knows he will surely get convicted once the trial takes place. So, escape is now an option, and he has the resources and the network of support that can facilitate this,” he added.

The progressive lawyer also rejected Kaufman’s assertions that Duterte “does not command the same influence or power” and therefore should be released from custody.

“The Dutertes are still in power and are very powerful that they can even manage to kill the OVP impeachment complaint. President Duterte is the Mayor of Davao City, his son is the Vice Mayor, his other son is a congressman, his daughter is the Vice-President, and many of his relatives and supporters are in public office,” Colmenares asserted.

The 80-year-old Duterte has been detained at Scheveningen Prison in The Hague, Netherlands, since his arrest in Manila in March. He will remain there while awaiting confirmation of his charges on 23 September.

He is facing a single count of crimes against humanity related to killings recorded between 1 November 2011 and 16 March 2019, spanning his time as mayor of Davao City and as president.

The government logged more than 6,000 drug-related deaths during Duterte’s presidency, though rights watchdogs estimate the actual death toll could exceed 30,000, most of them from low-income communities.