SEN. Alan Peter Cayetano yesterday filed a resolution urging his colleagues in the Senate to ask the International Criminal Court (ICC) to place former president Rodrigo “Rody” Duterte under house arrest at the Philippine Embassy in The Hague.
Cayetano filed the resolution a day after Vice President Sara Duterte said that her father has been losing weight since he was detained at the ICC pending the trial on his crimes against humanity charge.
The Vice President has also said that the former president has said that if he dies while under detention, he wanted his body to be cremated in the Netherlands and his ashes brought back to the Philippines.
Cayetano said the former president should be “afforded the right to be presumed innocent until proven guilty,” as provided under domestic and international laws.
“To grant this to the former president would be beneficial to his health, all while presenting no risk to the integrity of the ongoing trial,” Cayetano said in the resolution.
He said the Philippine government can seek an arrangement with the ICC for Duterte’s custody to be transferred to the Philippine Embassy in The Hague, under a modified house arrest setup, or any appropriate arrangement deemed suitable by the tribunal.
The arrangement, he said, would be subject to any conditions that may be imposed by the Pre-Trial Chamber, such as restrictions on movement, staying at a particular address, prohibition of contact with victims or witnesses, and compliance with summonses.
Cayetano cited Duterte’s deteriorating health, attributed to old age and prolonged social isolation, warning that his continued detention may severely impact his emotional and physical well-being.
He said that although the Philippines has withdrawn from the Rome Statute, it is still possible — through the embassy in The Hague — to enter into an agreement with the ICC for conditional arrangements to ensure humane treatment for the former president.
He said his proposal has a precedent: when the ICC granted interim release in the 2009 case of Congolese rebel Jean-Pierre Bemba Gombo, pending a final decision on his sentence in a related case.
Cayetano likewise appealed to the Philippine government to extend courtesy to the elder Duterte, similar to the consideration given to prominent personalities such as former senator and now party-list Rep. Leila De Lima who was allowed to continue performing her duties while in detention.
He also called for compassion and urgency, saying that allowing Duterte to spend his twilight years with family and friends is a basic act of dignity — and that denying it would be an injustice.
