MANILA, Philippines — The lead defense counsel of former president Rodrigo Duterte plans to “reintroduce” a request for interim release once the result of his medical evaluation becomes available.
Reacting to the rejection of their appeal, defense counsel Nicholas Kaufman said “the ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes against humanity.”
“The Defense awaits the results of the medical evaluation of the former president due next month and will reintroduce its request to release a man who is 80 years old and, as a result of debilitating physical and cognitive conditions, is incapable of flight or, as alleged, threats to witnesses,” he added.
The Rome Statute, the treaty that established the ICC, provides that the Pre-Trial Chamber “shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person.”
“Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require,” according to the Statute.
The ICC Appeals Chamber on Friday affirmed the Sept. 26 decision of the ICC Pre-Trial Chamber I that denied Duterte’s request for interim release.
It rejected the three grounds of the appeal filed by Kaufman on behalf of the former president.
On the first ground of appeal, which claimed that the pre-trial judges erroneously found that the former president poses a risk, the Appeals Chamber said the “defense has failed to substantiate that the Pre-Trial Chamber’s reasoning and assessment were unreasonable.”
“The Appeals Chamber considers that contrary to the defense’s argument, the Pre-Trial Chamber specifically outlined why it found that there existed a network of supporters in relation to Mr. Duterte,” the decision read.
“And for which reason, this supported its conclusion that the risk… was established,” it added.
The judges also rejected the second ground of appeal, which claimed that the pre-trial judges erred in when it rejected the guarantees proposed by the State willing to receive him.
It affirmed the Pre-Trial Chamber’s ruling that “the risks it had identified could not be mitigated by the proposed condition.”
On the third ground, which centered on humanitarian reasons, the judges noted that the Pre-Trial Chamber was able to outline why it viewed “the humanitarian grounds advanced by the defense were not sufficiently set out in the case at hand.”
“The Pre-Trial Chamber found the existence of risks… which were not mitigated by Mr. Duterte’s purported condition, and also could not be mitigated by any condition imposed upon release,” added the decision.
Ruling welcomed
Lawyers for some of the drug war victims and their relatives have welcomed the decision.
The Center for International Law (CenterLaw) described the decision as a “meaningful step forward” for families of victims of the drug war.
“(This) decision cannot restore the lives lost nor erase the pain endured. But it sends a resounding message: justice is possible and no official, no matter their former power, is beyond the reach of the law,” it added.
The National Union of People’s Lawyers (NUPL), which also represents some victims’ families, said Duterte’s detention is necessary in order for the case to continue efficiently and smoothly.
“Duterte in detention is crucial for victims and witnesses to feel safe coming forward. By and large, it is an assurance that he cannot simply intimidate persons, interfere with the evidence or disrupt proceedings,” the NUPL said.
“Duterte in detention is providential for him as well, given the capacity and earnestness of the ICC and the host country the Netherlands to provide proper medical care if such is necessary,” it added.
The Supreme Court, meanwhile, has directed all parties to the consolidated petitions seeking the release of Duterte to submit within 30 days from receipt of notice their respective memoranda stating their positions on the legality of his arrest and continued detention in The Hague. The SC Notice was dated Nov.11 but released only on Friday.
The high tribunal also directed all parties “to inform the Court of any developments that may be relevant to the instant case.”
The release of the SC directive coincided with the ICC’s promulgation of its ruling unanimously denying Duterte’s appeal on the court’s earlier denial of his petition for interim release from The Hague detention facility to another country.
The petitioners in the consolidated petitions for his interim release are his children, acting Davao City Mayor Sebastian Duterte, Davao City Rep. Paolo Duterte and Veronica “Kitty” Duterte.
The respondents include recently resigned executive secretary Lucas Bersamin, former Justice secretary now Ombudsman Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Armed Forces of the Philippines chief of staff Gen. Romeo Brawner Jr., former Philippine National Police chief Rommel Marbil, former PNP Criminal Investigation and Detection Group acting director Nicolas Torre III, former solicitor general Menardo Guevarra, former Immigration commissioner Norman Tansingco, Philippine Center on Transnational Crime (PCTC) executive director Lt. Gen. Antonio Alcantara and pilots Capt. Johnny Gula and Capt. Elmo Segovia.
The SC, in its directive, specifically wants the parties to comment on whether the petitions for habeas corpus can already be considered “moot,” considering that the ICC has already acquired jurisdiction over the former president, and whether “other more appropriate legal remedies may be availed of by the petitioners.” — Elizabeth Marcelo