THE camp of former president Rodrigo Duterte has asked the International Criminal Court to disregard the opposition of the Office of the Prosecutor to his plea for interim release from detention.
Duterte’s lead counsel, Nicholas Kaufman, said the prosecutor’s objections to the interim release plea were irrelevant to the issue.
In particular, Kaufman cited the prosecutor’s objections based on “incoherent gossip and statements” to claim that his temporary liberty will interfere with the case before the ICC.
Earlier, ICC OTP Deputy Prosecutor Mame Mandiaye Niang cited the statements of several Duterte family members and supporters deligitimizing the proceedings against the former president before the tribunal and their claims, including that made by Duterte’s daughter, Vice President Sara Duterte, that he was “kidnapped” and surrendered to the ICC custody against his will.
Duterte’s children have a pending petition before the Supreme Court challenging the legal basis of his arrest and subsequent detention in the ICC.
Duterte, 80, is facing crimes against humanity charges stemming from the bloody anti-drug crackdown of his administration that local and foreign human rights organizations said resulted in the deaths of more than 30,000 people.
The then-Duterte administration claimed a much lower death toll of around 6,000.
“The words and acts of people other than Mr. Duterte do not indicate that he is liable to flee justice. Mr. Duterte’s purported failure to stem an incessant stream of incoherent gossip emanating from (redacted) does not indicate that he is liable to interfere with witnesses,” Kaufman said in a submission to the ICC Pre-Trial Chamber 1.
He stressed that an interim release, if granted, will not affect or hinder the proceedings against the former president.
Kaufman added that a state party to the Rome Statute that will temporarily take in Duterte if his interim release plea is granted will guarantee that he will attend court proceedings and strictly adhere to limitations to be imposed, such as no access to electronic gadgets during his stay.
“Mr. Duterte will be released to a State Party where, pursuant to the guarantees and undertakings given, he will either be denied access to telephonic means of communication or his communications will continue to be monitored, with his agreement, by the Registry,” Kaufman added.
With this, Kaufman said the prosecution’s opposition has no basis and the court should just ignore it in ruling on Duterte’s plea.
“The fact that the Prosecution rejects, with absolutely no basis whatsoever, cogent professional evidence does not mean that it should be ignored. The Prosecution has produced absolutely nothing to counter this evidence, nor has it indicated when it is likely to produce similar expertise,” he further said.
Kaufman earlier also asked the ICC to “adjourn all legal proceedings in his case indefinitely,” saying he is not fit to stand trial due to “cognitive impairment” in multiple domains.
He added that Duterte’s current state of health directly impacts the exercise of his procedural rights, which are essential for him to benefit from a fair trial.
Last week, Kaufman appealed to the Marcos administration to let Duterte return home and face charges in the country instead of in the ICC.
Kaufman made the appeal after the ICC Pre-Trial Chamber postponed the September 23 confirmation of charges hearing against Duterte.
The ICC has yet to resolve the defense’s request for the interim release of Duterte.
