A NON-profit organization advocating for human rights and humanitarian law yesterday said it is “gravely concerned” about the petition of former president Rodrigo Duterte asking for interim release while the International Criminal Court (ICC) is hearing his crimes against humanity case.
“As counsel for many of the victims of his violent war on drugs, we are gravely concerned that his release from custody will directly threaten the safety, security, dignity, and privacy of victims in the Philippines and abroad, as well as jeopardize the integrity of his pending prosecution for crimes against humanity,” CenterLaw said in a statement.
“We vehemently urge the Court to unequivocally reject Duterte’s petition and the claims therein,” it added.
The group said releasing Duterte from the ICC detention center will put victims, witnesses, human rights defenders, and others who have dared to participate in the ICC investigation at “unacceptable levels of risk and harm.”
It pointed out that Duterte’s detention has not put a stop to the “harassment, intimidation and large-scale vilification” levelled by his supporters against those involved in the ICC proceedings in the Philippines and The Hague.
“Several crucial facts cannot be ignored: Duterte once held the most powerful political office in the Philippines and, in that position, consistently silenced his opposition and retaliated against witnesses to his crimes. Even while detained in The Hague, he remains a threat,” the group said.
Aside from possibly compromising the safety of victims and witnesses, CenterLaw said granting Duterte’s release would signal to the global community that perpetrators of large-scale violence can escape justice by “delaying, deflecting, and maneuvering through procedure and politics.”
“Duterte’s release will send a clear message to the Filipino public that the powerful are shielded by impunity while their victims remain without recourse or protection,” it said.
On Monday, ICC Assistant to Counsel lawyer Kristine Conti echoed the same concerns, saying that the Dutertes and their friends have the influence and “huge” monetary capacity to intimidate victims and witnesses.
Lawyer Joel Butuyan also said that if Duterte’s request would be granted by the ICC, it would “cause great concern” among the families of extrajudicial victims and other abuses committed during the former president’s brutal crackdown on illegal drugs.
He said if Duterte’s plea for interim release is granted, it would undoubtedly lead to many witnesses hiding or refusing to testify against him out of fear for their safety and that of his family.
Butuyan is one of the five Filipino lawyers accredited by the ICC to argue before the tribunal.
Last week, Duterte through his lead counsel Nicholas Kaufman, formally asked the ICC for interim release from detention, saying he is not a flight risk and that his arrest and continued detention is not necessary to ensure the integrity of the investigation or to preclude the continued commission of crimes.
The 16-page Urgent Request for Interim Release dated June 12 also said another country has expressed its willingness to accept the former president.
In granting interim release, the ICC takes into account the political position, influence, contacts, financial resources acts or assurances of cooperation, good behavior in detention, and family ties of the one seeking it from the tribunal.
