Duterte's counsel to ICC: Philippines won't block his interim release

MANILA, Philippines — Former president Rodrigo Duterte’s legal team has informed the International Criminal Court (ICC) that the Philippine government appears willing to accept a ruling allowing his temporary release as proceedings continue over crimes against humanity charges linked to his war on drugs.

In a public redacted filing before the ICC Pre-Trial Chamber I dated Friday, September 26, defense counsel Nicholas Kaufman said Duterte’s team agreed to the chamber’s considerations “in full understanding that it will apply to any conditions for interim release.”

"This agreement is proffered by Counsel (who was formerly instructed by Mr Duterte to do all possible to ensure his interim release) in the full understanding that it will apply to any conditions for interim release – a possibility now contemplated without objection by the Government of the Republic of the Philippines which surrendered Mr Duterte to the International Criminal Court,” the defense team's notice to the court read. 

The filing also cited Palace Press Officer Claire Castro, who said the Marcos administration would accept whatever decision the ICC issues on the matter.

“Nagbunga naman po yata ang madalas niyang pagbibiyahe. So, kung iyan ay good news po sa kanila at kung ano po ang magiging desisyon ng ICC, tatanggapin naman po iyan ng pamahalaang Marcos Jr.,” Castro said in a Palace briefing, referring to Vice President Sara Duterte’s frequent travels abroad. (Her constant travels have born fruit. So, if this is good news for them and whatever the decision of the International Criminal Court, the government of President Ferdinand Marcos, Jr. will accept it.)

The vice president previously claimed that a third country has expressed readiness to host her father if the ICC grants his interim release. However, she clarified that it was not Japan and Australia, which she had previously visited.

Crimes Against Humanity charges unsealed. In a heavily redacted charge sheet dated July 4 but only made public on September 23, ICC prosecutors have charged the former president with three counts of crimes against humanity of murder, accusing him of involvement in at least 76 killings linked to his bloody “war on drugs.”

Duterte, 80, has been detained at the ICC detention center in The Hague since March 13, awaiting trial for alleged crimes against humanity committed during his anti-drug campaign as both Davao City mayor and Philippine president.

RELATED: 3 counts of crimes: Breaking down the ICC's charges against Duterte

Appeal for Duterte's release

In June, his legal team sought interim release, citing his age and deteriorating health. Kaufman argued that Duterte poses no flight risk and that detention was unnecessary “to ensure the integrity of investigations or to preclude the continued commission of crimes.”

The chamber, composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou and Judge María del Socorro Flores Liera, had initially expected to rule on the confirmation of charges by November.

However, the confirmation of charges hearing, originally set for September 23, was postponed indefinitely after Duterte’s camp said he was “not fit to stand trial.” 

Kaufman told the chamber that the former president suffers from impaired memory and difficulty recalling information or recognizing members of his defense team.

Kaufman, representing Duterte, signed the latest submission from Dubai, United Arab Emirates.