Zero chance Rody returning to Phl while on trial — lawyer
In his petition, Kaufman also assured the court that Duterte ‘will refrain from public engagement, office, or communications with persons outside his family.’
Daily TribuneIn his petition, Kaufman also assured the court that Duterte ‘will refrain from public engagement, office, or communications with persons outside his family.’
There is zero chance that former President Rodrigo Duterte will be allowed by the International Criminal Court (ICC) to return to the Philippines to take his oath as Davao City mayor.
This, according to an ICC-accredited lawyer, is even if Duterte, who will be tried for crimes against humanity, is released temporarily.
Joel Butuyan, president of the Center for International Law and one of the counsels for Duterte’s drug war victims, said the former president cannot invoke official state functions during an interim release.
Butuyan explained that for Duterte to do so would violate the conditions his lawyer, Nicholas Kaufman, committed to the ICC for his temporary release to an ICC member nation.
“He will never be able to return to the Philippines because the country that must host him during his interim release must be a member of the ICC. So it’s really impossible for him to be sent back to the country,” Butuyan said.
The ICC allows for an interim release before trial provided certain conditions are met. These include ensuring the detainee is not a flight risk, will not obstruct the investigation, and is unlikely to commit further crimes. Kaufman told the court that Duterte does not pose such risks.
In his petition, Kaufman also assured the court that Duterte “will refrain from public engagement, office, or communications with persons outside his family.”
For this reason, Butuyan said the possibility of Duterte taking his oath as mayor is almost impossible.
“He really cannot assume office and perform his duties as mayor because it would be a direct violation of the undertakings made to secure his release,” Butuyan said.
Duterte is currently detained at the Scheveningen Prison in The Hague, Netherlands.
Despite this, he won the Davao City mayoral race by a landslide, garnering 662,630 votes to defeat former Cabinet Secretary Karlo Nograles who received 80,852 votes.
Under Section 11 of the Omnibus Election Code, Duterte must take his oath of office within six months of his proclamation as mayor. Failure to do so — unless for reasons beyond his control — will render the office vacant.
Regardless of the outcome, Duterte’s younger son, incumbent Mayor Sebastian Duterte, will assume the role in the interim. Sebastian ran for vice mayor alongside his father in the 12 May polls.
Because the Philippines withdrew from the Rome Statute — the ICC’s founding treaty — in March 2019, the country is no longer eligible to host Duterte during a temporary release.
While any state party to the Rome Statute can host a pre-trial detainee, Butuyan believes Duterte will only be transferred to countries near The Hague to ensure his availability for hearings.
The 80-year-old Duterte has been in ICC custody since his 11 March arrest in Manila. He faces one count of crimes against humanity for 43 extrajudicial killings committed between 1 November 2011 and 16 March 2019, covering his time as both Davao City mayor and president.
He is expected to remain in The Hague until the confirmation of charges hearing scheduled for 23 September.
Butuyan described Duterte’s potential interim release as “unprecedented,” noting that such arrangements have typically only been granted when an acquittal or case dismissal is being appealed by prosecutors.
He said interim releases have usually been allowed only during the appeal process.
