Respect ICC judges, judicial process, Duterte lawyer says

MANILA, Philippines — The lead defense lawyer of former president Rodrigo Duterte has reiterated his call to all Filipinos to respect the judges and judicial process at the International Criminal Court (ICC).

“Respect the judicial process, respect the judges, respect former president Duterte’s right to a fair trial,” lawyer Nicholas Kaufman said in an exchange with Duterte’s supporters in The Hague earlier this week.

Kaufman made the remark after social media pages of the ICC and even some of the judges received a barrage of comments, mainly negative, from what appeared to be accounts of Duterte supporters.

Even the victims and their lawyers have faced harassment and were subjected to false claims and disinformation.

Asked about the condition of the former president, who is currently at the ICC Detention Facility, Kaufman said Duterte is “in good spirits.”

“He asks for calm and restraint,” Kaufman said when asked if the former president has a message ahead of the midterm elections.

“He knows that there are elections in the offing. He knows that the people are very interested in his welfare, and he also knows that there is a tendency, perhaps, for people to get excited and not to respect the judicial process. He insists that the judicial process be respected, that there be no interference in that at all,” he added.

Reiterating his previous statements, Kaufman confirmed that there will be a request for interim release “in due course.”

“But as I’ve said many times before, certain conditions have to be right for the interim release to take place. It’s the judges who will ultimately decide it,” he added.

The British-Israeli lawyer said he is hopeful that Duterte will be able to return to the Philippines even before his scheduled confirmation of charges hearing in September.

“I can’t understand why he is here. He’s a Filipino citizen … Why isn’t he in the Philippines? Why isn’t he being tried in the Philippines? Why is there not a Filipino judge who is trying him?” Kaufman said.

Duterte is facing charges of crimes against humanity over killings related to his deadly campaign against illegal drugs.

The Marcos administration surrendered the former president to the international tribunal following the release of an arrest warrant last month.

Under Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, Philippine authorities are allowed to “dispense with the investigation or prosecution of a crime … if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”

Duterte’s camp is expected to challenge the ICC’s jurisdiction over the case, with his arrest and surrender likely to be brought up ahead of the confirmation of charges hearing.