Counsel for victims ask ICC to reject Duterte's bid for interim release
"Considering that Mr Duterte has been recently arrested, his interim release would be hard to fathom for the victims who have clearly expressed the view that he should remain in detention at the Court pending the pre-trial proceedings," the counsel for the victims said.
The principal counsel of the Office of the Public Counsel for Victims in the International Criminal Court has asked the tribunal to reject former President Rodrigo Duterte's request for interim release.
Principal Counsel Paolina Massida's submission came after the Office of the Prosecutor filed a similar request for the ICC to turn down the petition filed by Duterte's defense counsel, Nicholas Kaufman.
"Considering that Mr Duterte has been recently arrested, his interim release would be hard to fathom for the victims who have clearly expressed the view that he should remain in detention at the Court pending the pre-trial proceedings," the counsel for the victims said.
"For the victims, this is the only way of ensuring that he will face trial. Indeed, victims are extremely concerned with the prospect that Mr Duterte could be released, particularly because there is a real risk that they face threats from the Suspect and his supporters," she added.
According to Duterte's request, which Kaufman filed, a country has agreed to take in the former leader, who is facing charges of crimes against humanity in connection with the killings under his war on drugs when he was mayor of Davao City and when he was president of the Philippines.
The request also said that the prosecution has confirmed its non-opposition to the former president's interim release to the country, yet to be made public, "on the understanding that the terms and conditions set out in Annex A to this filing would be met."
However, the ICC prosecution in its comment on Duterte's request said his continued detention was necessary to ensure his appearance during trial, saying that he did not accept the legitimacy of the legal proceedings against him.
It cited Duterte's previous remarks against the ICC as well as the petition he filed before the Supreme Court against the cooperation of the Philippine government with the ICC.
The prosecution also said that Duterte's counsel and family have claimed that he was kidnapped and vowed to return him to the Philippines.
"A victim of a kidnapping is unlikely to return to the custody of the kidnapper if allowed to escape. Mr. Duterte, his family, vocal supporters, and counsel all consider him a victim of kidnapping/abduction," the prosecution said.
In an 18-page response, the counsel for the victims opposed Duterte's interim release, saying that his continued detention will 'ensure he does not obstruct or endanger the court's proceedings.'
Massida said Duterte still held 'considerable power' and expressed a refusal to collaborate with the ICC.
She also said that Duterte's family still held influential positions.
His daughter Sara is the country's vice president, while his sons, Baste and Paulo, were recently reelected as Davao City mayor and first district representative, respectively.
'He is still very popular in the Philippines and commands widespread respect and obedience. He is still very popular in the Philippines and commands widespread respect and obedience,' Massida said.
'Therefore, there would be a tangible risk that Mr Duterte, if released, even with conditions, would not return to appear at trial in the event that the charges against him are confirmed,' she added.
Duterte is facing crimes against humanity charges before the ICC in connection with the killings under his war on drugs when he was mayor of Davao City and when he was president of the Philippines.
Meanwhile, the Vice President expressed concerns that the interim release of her father might not be granted. –NB, GMA Integrated News
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