Former presidential spokesperson Harry Roque is considering filing a complaint with the European Court of Human Rights to secure the release of former President Rodrigo Duterte who is currently detained in the International Criminal Court (ICC) in The Hague, Netherlands.
Roque, who as a lawyer is registered with the ICC, said he will invoke international human rights laws — including the Covenant on Civil and Political Rights and the European Convention on Human Rights — to argue that Duterte, who just turned 80, should not be held behind bars.
He pointed to a Dutch rule that exempts people aged 80 and over from imprisonment.
“In the Netherlands, there is a rule that if you’re 80, you could no longer be jailed. So why is Tatay Digong still in detention, while Dutch citizens his age are not?” Roque said in Filipino, in a Facebook video.
Duterte is being held in Scheveningen Prison in The Hague, where the ICC is based. He is facing a charge of crimes against humanity in connection with thousands of deaths linked to the war on drugs during his administration.
Roque said he is consulting with Dutch lawyers to verify the law and to explore if Duterte’s detention violates the principle of equal protection under the law.
“If this rule exists, we can argue that his detention violates his human rights,” Roque said. “Equal protection means people in the same situation should be treated the same.”
Roque also revealed he’s seeking asylum in the Netherlands and he has asked the court for permission to visit Duterte to discuss legal strategies.
He noted that aside from the ICC, other legal avenues — such as the European Court of Human Rights — remain open. The court’s protections, he argued, should apply to Duterte while he is under European jurisdiction, regardless of his nationality.
“The European Treaty on Human Rights protects everyone in European territory, and that includes Tatay Digong,” Roque said.
Duterte has been in ICC custody since 11 March when he was arrested in Manila. He is scheduled for a confirmation of charges hearing on 23 September.
His legal team, led by international lawyer Nicholas Kaufman, is preparing a request for his temporary release — a move that lawyers representing the victims of the drug war have vowed to oppose.