ICC told that Duterte’s release threatens safety of witnesses

A human rights lawyers’ group on Tuesday called on the International Criminal Court (ICC) to reject former President Rodrigo Duterte’s request for interim release as it may “directly threaten” the safety of victims and “jeopardize” the integrity of his pending prosecution. (Photo from the ICC website)

MANILA, Philippines — A human rights lawyers’ group on Tuesday called on the International Criminal Court (ICC) to reject former President Rodrigo Duterte’s request for interim release as it may “directly threaten” the safety of victims and “jeopardize” the integrity of his pending prosecution.

The Center for International Law (CenterLaw) issued its position after Duterte formally appealed to the ICC for an interim release to an undisclosed country.

READ: Rodrigo Duterte appeals for an interim release from ICC detention

“Even a temporary release of Duterte – to a currently undisclosed location – puts victims, witnesses, human rights defenders, and others who have dared to participate in the ICC investigation at unacceptable levels of risk and harm,” the group, which former presidential spokesperson and staunch Duterte-ally Harry Roque belonged to, said in a statement.

“As it stands, Duterte’s current detention has not even stymied the continuous harassment, intimidation and large-scale vilification levelled by his supporters at those involved in ICC proceedings in the Philippines and The Hague,” it added.

According to CenterLaw, the reasons cited as justification—which are Duterte’s age and health conditions—in Duterte’s interim release “cannot, on their own, obscure the pursuit of truth and justice that is the mandate of the Court.”

The CenterLaw pointed out that the victims of Duterte’s war against drugs were denied due process and were instead sentenced to summary execution, all of which are far worse conditions than what Duterte faces in ICC detention.

“In a case involving the widespread and systematic killing of thousands of people, pretextual concerns for the humane treatment of one man ring hollow,” said the group.

Granting Duterte’s request for interim release would also “compromise the faith” of the families and victims of extrajudicial killing placed in the ICC, and would also signal that perpetrators of large-scale violence can “escape justice by delaying, deflecting, and maneuvering through procedure and politics.”

It also pointed out that Duterte, even while detained in The Hague, remained a threat, especially after holding the most powerful political office in the Philippines and consistently silencing his opposition.

READ: NUPL wants Duterte’s ICC appeal for interim release junked

His petition cannot be separated from the current political climate in the Philippines, where the Senate continues to shirk away from its Constitutional duty in holding the impeachment trial against Duterte’s daughter, Vice President Sara Duterte.

“The systematic barriers to accountability for elected officials in the Philippines have never been clearer,” said CenterLaw.

“If the ICC follows this development by releasing Rodrigo Duterte, it 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 added./coa