Duterte lawyer wants to submit Imee’s report to ICC

MANILA, Philippines — The defense team of former president Rodrigo Duterte has asked pre-trial judges of the International Criminal Court (ICC) to submit the findings of the Senate committee hearing conducted by Sen. Imee Marcos.

In a 10-page request dated June 26, defense counsel Nicholas Kaufman asked the ICC Pre-Trial Chamber I for permission to reply to the prosecution’s opposition to Duterte’s request for interim release.

According to Kaufman, a reply is necessary to address the assertions made by the prosecution in its opposition, such as on claims that the former president is a flight risk.

“Mr. Duterte’s refusal to submit to an unconstitutional arrest and his legal team’s claims of extraordinary rendition have nothing to do with the recognized risk factors,” Kaufman wrote.

“They are legitimate legal arguments (albeit presented in colorful language),” he added.

If their request to reply is granted, Kaufman said the defense will produce documentation of the supposed unlawfulness of Duterte’s arrest and surrender to the ICC.

This, he said, was part of official findings of the hearings conducted by the Senate’s committee on foreign relations investigation that was led by Marcos.

“The committee’s findings detail, in full, the overtly political motives underpinning Mr. Duterte’s arrest and surrender to the Court, highlighting ‘a whole-of-government effort to bring down the Dutertes,’” read Kaufman’s submission.

“The committee’s findings corresponded to Counsel’s utterances, namely, that Mr. Duterte’s arrest and handover were the result of ‘political maneuvering’ designed to ‘politically cripple’ his family,’” it added.

ICC Deputy Prosecutor Mame Mandiaye Niang earlier cited claims of Duterte’s family and supporters that the former president was “kidnapped” as a reason why his continued detention is necessary.

“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,” said Niang.

Kaufman, however, maintained that such statements were based on “proper investigative work,” citing the Senate committee hearing.

He added that the conclusions made in the committee’s report “resulted in the presentation of charges before the Office of the Ombudsman against the domestic officials involved in Mr. Duterte’s arrest.”

Kaufman earlier met with Marcos during her visit to The Hague. He confirmed requesting for the meeting, praising the work done by the senator in leading the committee hearing.