ICC prosecutor asks court to reject Duterte release plea

MANILA, Philippines — The International Criminal Court's Office of the Prosecutor has asked the court to deny former President Rodrigo Duterte's request for interim release, saying his rejection of the legitimacy of the proceedings against him and his family's insistence he was "kidnapped" make him a flight risk.

In a 15-page filing submitted Monday, June 23, the ICC deputy prosecutor also argued for Duterte's continued detention to prevent him from using his network of supporters and political associates back home to intimidate witnesses ahead of his confirmation hearing in September.

Besides the possibility that Duterte would flee before his trial or interfere with witnesses, ICC Deputy Prosecutor Mame Mandiaye Niang also expressed concern over Duterte's history of obstructing investigations against him.

Different proposed host country 

The former president has been detained at an ICC detention center since March following his arrest in Manila on crimes against humanity charges, linked to thousands of killings during his anti-drug campaign. 

While Duterte's defense earlier claimed prosecutors wouldn't oppose his interim release under certain conditions, the prosecution on Monday clarified they had only agreed to his release to a specific country — not Duterte's current proposed location. 

RELATED: Duterte requests ICC for temporary release

Both filings — the request for interim release on June 12, and the prosecutor's opposition to it on June 23 — redacted the names of the specific countries where Duterte's proposed release would take place. 

Resistance to arrest

The ICC deputy prosecutor asked the judges of the Pre-Trial Chamber I to deny Duterte's request, citing his strong resistance during his arrest and his continued open defiance of the court's authority. 

"Chambers have previously found that a suspect’s rejection of the legitimacy of Court’s jurisdiction over them to be a factor justifying their continued detention in order to ensure their appearance at trial," Niang wrote in the filing.

Duterte's refusal to accept the proceedings against him is "demonstrated by his resistance to his arrest and the claims of his counsel and family that he was kidnapped/abducted by the Court," the filing read. 

The deputy prosecutor specifically cited Duterte's remarks to arresting officers in March that they would "just have to kill" him to bring him to The Hague, which was caught on video. 

The filing also noted that Duterte's common-law wife Honeylet Avanceña had assaulted one of the police officers involved by hitting her on the head with a cellphone. The incident was also captured on video.

Before his detention, Duterte also publicly threatened that if the ICC came for him, "there will be a shootout," the filing noted.

The deputy prosecutor also took note of the repetitive claims among Duterte's family and legal team — echoed by his supporters — that his transfer to ICC custody was an act of kidnapping.

For instance, the filing noted that Duterte's daughter Veronica Duterte had posted on social media that the plane used to send Duterte to The Hague was used to "kidnap" her father.

The prosecutor also noted that Kaufman himself — Duterte's lead counsel in the ICC case — "contributed to this narrative." In an interview with Rappler in March, Kaufman described Duterte's arrest as a “political hit-job” and said the prosecution “colluded” with the Philippine government to "abduct" him. 

"A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape. Mr Duterte, his family, vocal supporters, and counsel all consider him a victim of a kidnapping/abduction," it added.

Family ties

The prosecution also highlighted Duterte's continued political influence through his family's control of key government positions, arguing this creates both flight risks and opportunities for witness intimidation.

"This includes his daughter, Sara Duterte, who is Vice President of the Philippines and has made her position clear that she views her father’s detention at the Court as illegitimate," the filing read.

The filing noted that Duterte recently won election as Davao City mayor with "overwhelming support" and admits in court papers that he "maintains strong influence over law enforcement in Davao."

"If released, Mr Duterte would have greater access to his associates and family who remain in positions of power with access to networks and personnel to carry out witness interference," the prosecution argued.

Pattern of obstruction

The deputy prosecutor outlined multiple instances where Duterte allegedly interfered with investigations against him over the years.

In 2009, the filing detailed, former Davao City police officer Arturo Lascañas revealed that Duterte formulated a plan to assassinate then-human rights commissioner Leila de Lima while she investigated extrajudicial killings in Davao City.

During Senate inquiries into his anti-drug campaign in 2016 and 2017, Duterte's associate reportedly instructed police officers appearing before hearings to remain loyal and deny allegations against him.

The prosecution noted that when critic Edgar Matobato testified about death squad activities, then-police chief Ronald Dela Rosa allegedly told officers to "neutralize" anyone showing sympathy for Matobato.

During his presidency, Duterte made public threats against critics of his anti-drug campaign, including calling for the public to "kill" bishops who criticized the killings and instructing police to "shoot" human rights activists.

Prosecutors also expressed concern that Duterte could continue alleged crimes if released, citing his previous promise to "double" killings upon returning to Davao City.

Medical argument opposed

The prosecution rejected the defense's claims about Duterte's health issues affecting his ability to flee, pointing to his political activities prior to his arrest.

The filing noted that just days before his arrest, Duterte traveled from the Philippines to Hong Kong to deliver a nearly hour-long speech before throngs of supporters.

Release location concerns

While prosecutors indicated they had negotiated potential release conditions with the defense for one unspecified country, they strongly opposed Duterte's proposed release to a different location.

The filing argued the proposed country lacks sufficient cooperation history with the ICC and would make implementing security conditions "impossible" due to logistical constraints and distance from the court.

The prosecution also noted concerns about the proposed country's inability to implement certain monitoring conditions that would be needed to keep tabs on the former president.  

"Finally, the Defence’s submission that Mr Duterte would not abscond... for fear of embarrassing his hosts is highly unpersuasive given Mr Duterte’s history of making disparaging and insulting remarks about heads of state and world leaders," the filing read.

What's next? Pre-Trial Chamber I, composed of Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, will now review both the defense request and prosecution opposition to that request.

Meanwhile, the scheduled September hearing will determine whether sufficient evidence exists to proceed to full trial on charges related to alleged crimes against humanity during Duterte's presidency.