ICC rejects release bid from Duterte
Former president Rodrigo Duterte will remain in the custody of the International Criminal Court after judges on Friday rejected a request from his defense team for release on medical grounds.
In a court document dated Oct. 10, the ICC's Pre-Trial Chamber I ruled that Duterte "continues to pose a flight risk" and must remain detained to ensure his presence during pre-trial proceedings and a possible trial.
The ICC cited his ongoing political influence and network of supporters—including his daughter, Vice President Sara Duterte, and his recent election as Davao City mayor—as evidence of that continued support.
They also mentioned instances where his family "publicly voiced criticism regarding his arrest and detention" and that Sara had this "idea of breaking Mr Duterte out of the ICC Detention Centre."
"The foregoing illustrates Mr Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution," they explained.
The ICC believes that if granted the release, the former president "would pose a threat to (potential) witnesses, either directly or indirectly through his supporters."
Additionally, if he is allowed to return to Davao City, where he serves as Mayor, "Duterte would be placed in the very position that allowed him to commit the crimes for which his arrest and surrender to the Court was initially sought."
About the alleged medical condition and cognitive impairment that Duterte's defense team argued, the ICC believes that they do not "negate the risks identified."
"In this respect, the Chamber notes the Defence’s allegations that Mr Duterte, given his condition, cannot [REDACTED] or [REDACTED], that he is [REDACTED] and that his [REDACTED] makes it ‘unreasonable to conclude that Mr Duterte would possess the faculties necessary to formulate and execute the continued commission of crimes’. The Chamber, however, considers that these arguments consist in mere extrapolation of the above mentioned documents by the Defence – who does not have the requisite expertise to draw such conclusion – and as such, are purely speculative and without basis," the ICC wrote.
Earlier on Friday, Nicholas Kaufman, Duterte's lead counsel, voiced his objections regarding the manner in which the report about Duterte’s medical condition was handled.
The International Criminal Court made public a redacted document titled “Defence Response to the ‘Registry Report on the Assessment by the Medical Officer of the Detention Centre’ & Request for Disclosure.” In it, Kaufman said he was never shown a written consent for the disclosure of Duterte’s medical information. While he was briefly shown the factual medical report, Kaufman claims he was not allowed to leave the ICC Detention Center with a copy.
In the same document, Kaufman claimed “Mr. Duterte reported feeling intimidated [REDACTED], according to him, had demanded that the Factual Report be given back to [REDACTED].”
In addition, Kaufman raised concerns about the Registry, a neutral body that handles administrative and operational support for the Court, not giving Duterte enough time to talk about the informed consent that would release his medical information to the Court.
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders as part of his "war on drugs."
The first count concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while Duterte was mayor of Davao City.
The second count relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when Duterte was president.
And the third charge is about 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers.
These took place across the Philippines between 2016 and 2018, the prosecution alleged.
Duterte was arrested in Manila on March 11, flown to the Netherlands that same night and has been held at the ICC's detention unit at Scheveningen Prison since.
He followed his initial hearing by video link, appearing dazed and frail and barely speaking.
His lawyer Nicholas Kaufman has said Duterte is not able to stand trial "as a result of cognitive impairment in multiple domains".
Kaufman has urged the ICC to postpone proceedings against Duterte indefinitely. (with reports from AFP)