No country ready to host Rody during interim release — lawyer

No country has gone on record as willing to host former President Rodrigo Duterte during his interim release from International Criminal Court (ICC) custody, according to Assistant Counsel to the ICC Atty. Kristina Conti.

“There’s no country on record that has accepted to be willing as host as third country in the interim release of the former president,” Conti said during the weekly The Agenda media forum at Club Filipino in Greenhills, San Juan City, on Friday.

She also noted that Belgium, a nation touted as a potential host country, had previously rejected a request to be hosted by another ICC detainee.

Conti, a human rights lawyer representing drug war victims, said that the prosecution at the ICC is opposing the petition for the interim release of Duterte, who is facing crimes against humanity charges in connection with his war on drugs that allegedly claimed the lives of thousands of innocent civilians.

She also noted that this is the first time a Filipino has been detained at the ICC and that Duterte is also the first Asian leader charged with alleged crimes against humanity.

According to her, most of the detainees at the ICC are Africans, and Duterte is the first Asian detainee.

Conti shared that she already visited the ICC, but has not yet seen the detention facility.

"It's not a hotel, but just like a bread and breakfast hotel and the food was cold such as cheese sandwich. The detainees there have access on the gymnasium, library and internet, but with security check," she said.

"The detainees can submit a grocery list and they can cook their own food–but with security check," she added.

Conti also said that if there are no available funds, a trust fund can defray the cost of airfare for the victims who would testify in the trial of the case at the ICC, adding that up to 200 minutes per month can be used to communicate with the detainee’s lawyer.

"It's not new that an interim release is sought before the ICC, which can be granted if there’s no flight risk. However, the ICC early on issued the arrest warrant on Duterte on the grounds of flight risk," she added.

Conti also shared that the ICC has already granted interim release to some detainees with light offenses against Article 70 of the Rome Statute, which would not obstruct or endanger the parties to the case and would not lead to the commission of another offense.

She, however, pointed out that interim release can be granted on a case-to-case basis, such as hospital arrest, and that the minimum standard is a 3-meter by 3-meter detention cell, based on the "Mandela Standard."

Conti also said that international campaigns or support rallies organized by supporters of the former president calling for his interim release "has no effect because there is no such thing as audience impact."

She noted that the condition of the detention facility will also depend on the third country for the interim release of the detainee.

There are two pending issues before the ICC: the interim release and the challenge on the jurisdiction of the ICC, as it allegedly did not conduct an investigation. However, both issues can be addressed during the trial on 23 September.

Conti claimed there is a possibility of the arrest of other Filipino respondents in the alleged drug killings, as the investigation is still ongoing and the Philippines should support and cooperate with it.