‘EJK’ victims’ camp to ICC: Keep Duterte in detention as pre-trial hearing looms

The camp of drug war victims urged the International Criminal Court (ICC) to keep former president Rodrigo Duterte in detention ahead of the court setting a new date for the pre-trial hearing, a critical stage at which the case will be determined whether or not to proceed to a full-blown trial. 

In an eight-page submission dated 7 January, the victims’ principal counsel, Paolina Massida, insisted that Duterte’s continued detention remains necessary to ensure his attendance at the confirmation of charges hearing.

The request followed relentless attempts by the defense to temporarily release the 80-year-old Duterte from ICC custody pending the pre-trial hearing, citing his alleged deteriorating health and advanced age. 

Under the court’s rules, the Pre-Trial Chamber is mandated to review once every 120 days, or four months, its decision whether to keep a detainee in detention or release them. 

The chamber can modify its ruling as to detention, release, or conditions of release, if it is satisfied that changed circumstances so require.

Recall that the PTC-I denied the defense’s plea to grant Duterte an interim release on 26 September. The defense challenged the ruling in the Appeals Chamber, but the chamber affirmed the decision of the PTC-I.

As the 120-day period nears lapsing, the camp of drug war victims strongly posits that Duterte should still be locked in ICC detention, arguing that the risk factors specified under Article 58 of the Statute continue to be met. 

This includes being a flight risk, likely to reoffend on the crimes, obstructing the judicial proceedings, and intimidating witnesses.

“In light of the Appeals Chamber’s recent findings on Mr Duterte’s appeal against the decision on interim release, there are very strong indications that the suspect’s detention is required.

Another contributing factor is the huge network of Duterte supporters, who relentlessly contest the ICC’s jurisdiction and call for the release of the ex-president.

Massida cited concerns from the victims and their lawyers, and civil society organisations supporting them, that releasing Duterte from detention could lead to a potential increase in violence in their neighborhoods.

With the case likely to progress, following the conclusion of the court-appointed medical experts, who determined that Duterte is capable of undergoing trial, Massida said the former president has even more reason to flee as the proceedings move forward. 

“In light of the above considerations, the continued pre-trial detention of Mr. Duterte remains both warranted and necessary,” the submission reads.

The pre-trial hearing was initially scheduled for 23 September but postponed indefinitely after the PTC-I ruled in favor of the defense’s petition to stop the proceedings, citing the former president’s alleged unfitness to stand trial. 

The ICC has yet to decide whether Duterte is indeed fit to stand trial, though ICC assistant to counsel Kristina Conti previously said that the ruling is likely to be released for February, if not this month. 

In the meantime, Duterte will remain in the Scheveningen Prison in The Hague, Netherlands, where he has been detained since his arrest on 11 March in Manila. 

Duterte’s lead legal counsel, Nicholas Kaufman, has consistently argued that Duterte does not possess risk factors under Article 58 (1)(b) and has petitioned the court to let the same panel of experts determine it. 

However, the PTC-I maintained that whether the grounds exist, it’s not for the panel of experts to decide, but the court, as their mandate is solely limited to providing an independent assessment of Duterte’s medical condition to help the ICC in evaluating whether he is still fit to participate in the pre-trial proceedings.