ICC unlikely to grant Duterte an interim release -lawyer

An International Criminal Court-accredited lawyer stated on Monday that former President Rodrigo Duterte's request for interim release from the ICC is unlikely to be granted due to concerns that he poses a flight risk.

“Mahihirapan silang kumuha ng interim release, lalong-lalo na flight risk si former President,” said Atty. Joel Butuyan, chairperson of the Center for International Law, on Balitanghali.

Butuyan explained that if Duterte were granted release, he might refuse to return for court proceedings.

“And then nandoon din ‘yung possibility na ma-intimidate and ma-antagonize ‘yung mga witnesses and ma-tamper ‘yung mga ebidensya laban sa kanya,” he added.

(And then there’s also the possibility that witnesses may be intimidated or antagonized, and evidence against him may be tampered with.)

Butuyan also pointed out recent protests by Duterte supporters, both in the Netherlands, where the ICC is based, and in the Philippines.

“So malabo talagang mabigyan siya ng interim release,” he said.

(So, it’s unlikely he would be granted an interim release.)

When asked about the impact of protests on the case, Butuyan said they may demonstrate to the ICC the extent of Duterte's influence.

"Makita ng mga judges na sobrang powerful talaga ng forces ng Duterte camp dahil hanggang sa ICC ay pwede silang i-bully and i-harass and i-attempt na i-manipulate. That’s going to be a factor, of course," he said in a separate forum.

(The judges will see that the Duterte camp's forces are powerful enough to bully, harass, and attempt to manipulate even the ICC. That’s going to be a factor, of course.)

In a Facebook post on Sunday, ICC Assistant to Counsel Kristina Conti also said Duterte supporters' harassment of victims bolstered the ICC's case to deny the former President an interim release and strengthen efforts to convict him.

"Ipapaalala ko rin na may panlimang kaso na nililitis sa ICC, ang offenses against the administration of justice (Article 70, Rome Statute)," she said.

(Let me remind you that the ICC also prosecutes offenses against the administration of justice.)

"Mag-ingat na ang mga umaatake sa korte, sa prosecutor, at sa judges dahil baka madagdagan ang kaso ni Duterte," she added.

(Those attacking the court, the prosecutor, and the judges should be careful as this may add to Duterte’s charges.)

The ICC allows detainees to apply for interim release pending trial, but Butuyan emphasized that the request must demonstrate “extreme and urgent necessity.”

He also noted that Duterte's camp would struggle to secure an interim release based on health concerns.

“Kung ang panghahawakan niya ay ‘yung kanyang kalusugan ay meron naman hong independent medical verification na gagawin ang ICC. Nung Friday, sinabi nga nung presiding judge na mentally and physically fit siya,” Butuyan explained.

(If he argues on the basis of his health, the ICC will conduct an independent medical evaluation. Last Friday, the presiding judge declared him mentally and physically fit.)

Nevertheless, Butuyan said Duterte could regain his freedom if the ICC chooses to dismiss the case based on jurisdictional issues or if it acquits Duterte.

Duterte appeared before the ICC for the first time last Friday via video conference. He faces charges of crimes against humanity related to his administration’s war on drugs.

The next hearing, set for September 23, 2025, will focus on the confirmation of these charges.

Meanwhile, Butuyan supported calls for the Philippines to rejoin the ICC.

“Alam mo, ‘yung ganitong klaseng mga krimen, crimes against humanity, ay puwedeng maulit ulit sa ating bansa, no?” he said.

(Because these kinds of crimes, crimes against humanity, may occur again in the country.) — Joahna Lei Casilao/DVM, GMA Integrated News