File photograph of former President Rodrigo Roa Duterte throughout his preliminary look on the ICC on March 14, 2025 in The Hague.
MANILA, Philippines — Human rights advocates have questioned the “humanitarian” grounds for ex-President Rodrigo Duterte’s request for short-term freedom in a foreign country, declaring that the Worldwide Legal Courtroom (ICC) detention amenities in The Hague, the Netherlands, have been top-notch and that granting his request might jeopardize the proceedings.
As if by design, On Philippine Independence Day, Duterte petitioned for his “interim launch” from the ICC and switch to a different nation. The title of the nation was redacted within the public launch of his petition.
The attorneys for Duterte led by Nicholas Kaufman advised the Pre-Trial Chamber (PTC) I in a 16-page request for Duterte’s short-term liberty, stated that his being a flight danger and the likelihood that he would “proceed to commit crimes” stays “hypothetical” as there have been no precise situations throughout his three months in ICC detention indicating this.
In addition they identified that Duterte doesn’t maintain the identical “affect or energy” he had when he allegedly waged his brutal drug conflict as Davao Metropolis mayor and as president.
READ: Rodrigo Duterte appeals for an interim launch from ICC detention
Duterte is being charged with homicide as against the law towards humanity for the 1000’s killed in his antinarcotics marketing campaign from November 2011 when he was nonetheless mayor of Davao Metropolis till March 2019, when the Philippines’ withdrawal from the Rome Statute, which established the ICC, took impact.
Official information put the variety of deaths throughout his six-year presidency at over 6,200. Rights watchdogs say the determine was nearer to 30,000.
Not for grave crimes
The Nationwide Union of Peoples’ Legal professionals (NUPL) vehemently opposed Duterte’s request for launch, saying he couldn’t have “all of the sudden grow to be powerless.”
Kristina Conti, one of many ICC-recognized attorneys representing the drug conflict victims within the proceedings, famous that the one precedents that had allowed interim launch for detainees have been these accused of violating Article 70 of the Statute that discuss with “offenses towards the administration of justice.”
These embody tampering with witnesses and obstruction of justice, which Conti stated have been “not so grave crimes.”
For Conti and Joel Butuyan, an ICC-accredited lawyer helping the drug conflict victims, the phrasing of the protection’s claims that the Workplace of the Prosecutor (OTP) of the ICC had already agreed to Duterte’s launch could have been “twisted” in order that it may very well be interpreted as fully agreeing to his request.
“I believe what’s going to occur is the prosecutor will agree offered sure situations are met. So, it’ll agree conditional to the achievement of situations,” Butuyan advised the Inquirer.
Mum on protection declare
The OTP has not issued any touch upon the petition.
“The (OTP) of the (ICC) will file earlier than Pre-Trial Chamber I a response to the Defence’s request for interim launch of (Duterte),” it stated in an e-mail to the Inquirer. “The prosecution will file a public model which is able to clearly set out its place on the defence’s software.”
The OTP refused to answer on whether or not it had accepted the undisclosed situations of Duterte’s plea.
Conti referred to as consideration to the way in which Duterte and his attorneys have been framing their arguments to persuade the courtroom to grant his launch.
“You’ll discover how Duterte’s request was worded—that he’s not a flight danger and that he’s not going to commit the crimes additional. It’s one of many necessities or grounds to disallow launch so he has to positively say that ‘no, I can’t proceed to commit crimes,’” she stated in an interview on Friday.
4 grounds
“It’s like he preempted or countered [possible violations that had not yet happened],” Conti stated.
Duterte’s attorneys cited 4 grounds to persuade the PTC I to permit the previous president to depart The Hague: that he “is not going to abscond;” that he “is not going to imperil proceedings;” that he “is not going to proceed to commit crimes;” and that “humanitarian components militate in favor of interim launch.”
“Merely displaying the feasibility, ease, or ‘chance’ of Duterte’s potential to abscond is inadequate; somewhat, there should be concrete circumstances demonstrating that the danger of flight is especially probably,” the protection famous.
“The potential for ‘persevering with with the fee of crime[s]’ inside the courtroom’s jurisdiction is extremely summary,” they stated.
In addition they cited Duterte’s superior age to invoke “compelling humanitarian grounds” in calling for his launch. Duterte marked his eightieth birthday in detention in March.
The petition that was made public redacted many components that might have probably cited the well being problems with the previous president.
First-rate facility
Butuyan questioned humanitarian grounds for his launch as a result of the ICC has a first-rate facility and medical group that might attend to his medical or well being wants.
“Simply lower than three months in the past, he was in a position to go to Hong Kong and he even spoke for greater than an hour reportedly in a rally in Hong Kong. After which he got here dwelling and when he was arrested, he was examined by a physician and nothing severe was discovered,” Butuyan famous.
NUPL, a human rights attorneys’ group, stated in an announcement on Friday that ICC amenities have been “vastly superior” to different prisons and “can assure the humane therapy of Duterte.”
Calls for of justice
“Humanitarian concerns should not eclipse the calls for of justice, particularly in circumstances involving crimes towards humanity,” it identified.
“Age and well being, whereas related, can not outweigh the rights of victims to see the method of justice carried to its finish,” it stated.
“That he seeks to relocate to a sympathetic, undisclosed host State underneath situations shielded from public scrutiny solely heightens the danger. A person as soon as known as probably the most highly effective official within the Philippines doesn’t all of the sudden grow to be powerless,” it added.
Denied due course of
Not like Duterte, the drug conflict victims weren’t granted any type of reduction and denied due course of as they have been gunned down in alleyways for allegedly preventing again towards the police, NUPL stated.
“There isn’t any compelling cause to now prolong particular consideration to the very architect of those atrocities,” it stated.
Butuyan stated Duterte’s attorneys could also be planning to maneuver him to Belgium, which shares a border with the Netherlands.
Case of Bemba
He stated Belgium had hosted detainees launched quickly from ICC detention up to now.
One African chief who was underneath trial and launched to Belgium was Jean-Pierre Bemba, who was head of the Motion for the Liberation of Congo.
He was granted launch in August 2009 however the order was reversed in December that yr. He was later acquitted of conflict crimes and crimes towards humanity however was convicted of offenses towards the “administration of justice” and sentenced to 1 yr in jail. He was freed with time served.
Conti, who’s energetic in sufferer assist teams like Rise Up for Life and Rights and Duterte Panagutin Marketing campaign Community, stated that whereas Belgium was recognized for welcoming ICC detainees and for upholding human rights, it had additionally rejected internet hosting some.
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“I don’t find out about Belgium now,” she stated. “However after all, there are different international locations within the space who can very nicely volunteer.” —with a report from Inquirer Analysis
