ICC may consider actions of Duterte camp in bid for interim release, lawyer says

The International Criminal Court(ICC) may take into account the behavior of former President Rodrigo Duterte’s camp and supporters in its deliberations on his interim release, an ICC-listed counsel has said.

According to a "24 Oras" report by Maki Pulido on Tuesday, Duterte’s legal team remains hopeful about his potential temporary release.

“When I make an application for interim release, you’ll know about it because it’ll be published on the court website,” said Attorney Nicholas Kaufman.

Under Article 58 of the Rome Statute, the court will consider several factors in its decision, including Duterte’s voluntary appearance, the risk of obstruction to the investigation, and the possibility of continuing his alleged crimes.

“Sa Rome Statute, pwedeng warrant of arrest or pwedeng summons. Obviously, hindi inissue yung summons kasi nakita ng korte na di siya kusang pupunta kung summons lang. So, warrant of arrest [ang na-issue],” explained UP International Criminal Program head Attorney Michael Tiu Jr.

(Under the Rome Statute, the court can issue either a warrant of arrest or a summons. A summons was not issued in this case because the court determined that he would not voluntarily appear. Therefore, a warrant of arrest was issued.)

Filipino ICC-accredited lawyer Joel Butuyan highlighted concerns over Duterte's supporters’ actions, citing instances of aggression.

“Sinaktan pa nga ang isang policewoman. Nagkaroon ng malaking bukol, and there was an attempt to really prevent his arrest. Nandiyan na din yung ginagawa ng mga supporters niya, to the point na binu-bully at ini-intimidate and mga judges mismo,” Butuyan stated.

(They even injured a policewoman, who sustained a significant bruise. There was a clear attempt to prevent his arrest. His supporters have also engaged in bullying and intimidating judges.)

The opinions of the victims' counsel and the ICC’s Office of the Prosecutor will also be considered in the decision.

Attorney Gilbert Andres, representing victims of Duterte’s controversial drug war, expressed strong opposition to his release.

“There are still serious security concerns for the victims, for the potential witnesses. In fact, we have seen that online and in person. Secondly, Mr. Duterte, as stated in the arrest warrant, is still a very influential man,” Andres said.

Historically, the ICC has granted interim release to six accused individuals.

If Duterte is granted interim release, the Pre-Trial Chamber 1 may impose conditions, conduct annual case reviews, and, if necessary, reissue an arrest warrant. — Jiselle Anne Casucian/DVM, GMA Integrated News