Kaufman ‘confident’ on Duterte’s interim release before confirmation hearing

Atty. Nicholas Kaufman, legal counsel of former President Rodrigo Duterte, said on Tuesday he is confident that the International Criminal Court (ICC) will grant their renewed request for interim release ahead of the confirmation hearing on 23 September.

“Personally speaking, I’m always confident. I can only speak for myself,” he told reporters. “I can’t speak for the judges. We have a judicial process. We’ve done the best we can. We’ve argued everything possible. We just hope that the judges will agree,” he added.

Kaufman said the chambers usually rule on such requests quickly, often making a decision within a week or two. He added that the chambers may also decide on jurisdiction at any time up until the end of the confirmation of charges hearing, though he hopes it will be resolved earlier.

On the possibility that the court dismisses the case, Kaufman explained that all pending motions regarding jurisdictional challenges or interim release “will be moot or academic.” In such a scenario, he noted, it would mean that the evidence was not sufficient for trial.

Request to disqualify Karim Khan

Kaufman also addressed claims that he had withdrawn the request to disqualify Chief Prosecutor Karim Khan before the appeals chamber. “Totally false,” he said. Instead, he explained that new disclosures in June prompted them to refile the request. They argue that Khan’s previous role as a victims’ representative has compromised the investigation.

“He’s on self-imposed leave because of the allegations made against him... We argue that the very fact of his involvement as a victims’ representative, and subsequently becoming the prosecutor, means that the investigation itself against the former president has been contaminated,” Kaufman said.

Arturo Lascañas as witness

Kaufman declined to comment on whether the arrest of Arturo Lascañas for cyber libel affects his credibility as a key witness against Duterte, after Lascañas confessed to being part of the so-called Davao Death Squad. Kaufman emphasized that he could not comment on matters related to evidence since all his interviews are “being scrutinized by the judges, by the prosecution.”

Appeal to Filipinos and Marcos administration

The confirmation hearing will be broadcast to Filipino audiences with a 30-minute delay. In connection with the proceedings, Kaufman urged Duterte’s supporters to “put their faith in the judicial process” and to “keep praying” for the former president’s release.

“I have a request from the Philippine administration and government. I’m still waiting to be invited. I want to speak to you people. I want to negotiate the former president’s return now to the Philippines,” he said.

As Duterte’s counsel, Kaufman claimed that the former president is often misunderstood, with critics selectively quoting him to suit their narrative.

“The former president made plenty of speeches which don’t necessarily support a policy of extrajudicial killing,” he said.

“He was a person who wasn’t shy of using, shall we say, colorful language. But he’s probably one of the most popular politicians the Philippines has ever had. And there’s a reason for that,” he concluded.