THE HAGUE, Netherlands (AP) — Former Philippine President Rodrigo Duterte could potentially be released from detention at the International Criminal Court (ICC) on Friday, as appeals judges are expected to issue a ruling on a request submitted by his legal team. This request seeks to grant Duterte freedom while the ongoing proceedings against him relating to charges of crimes against humanity are underway.
Duterte's legal representatives are challenging an October decision that mandates his continued custody. Judges deemed him a likely flight risk, expressing concerns that he might refuse to return for trial or use his freedom to intimidate potential witnesses.
The ICC prosecutors allege that Duterte was involved in numerous killings as part of his notorious war on drugs during his tenure. He served as the mayor of Davao City and later as president of the Philippines. According to court documents, Duterte allegedly gave instructions and authorization for violent actions, including murder, aimed at individuals accused of being drug dealers and users.
Estimates on the death toll associated with Duterte's administration vary significantly. While the national police estimate over 6,000 fatalities, human rights organizations claim the number could be as high as 30,000. Families affected by the violence expressed relief at Duterte's arrest earlier this year in March.
Duterte's defense team argues that he is "infirm and debilitated" and asserts that it would be "cruel" to keep him in detention during the trial process. In September, the court postponed a pretrial hearing pending a comprehensive medical assessment of Duterte's health. His legal filings suggest a decline in his cognitive abilities to the extent that he may be unable to assist his lawyers in his defense.
If released, Duterte would not return to the Philippines but would instead be transferred to the custody of another member state during the ongoing proceedings. This arrangement raises questions about the oversight and monitoring of his activities while awaiting trial.
Last month, judges at the ICC rejected a challenge from Duterte's team regarding the court's jurisdiction over the case. The ICC prosecutors initially initiated a preliminary investigation into allegations of violence during Duterte's governance in February 2018. In response to this, Duterte announced that the Philippines would withdraw from the ICC a month later, a move critics argue was intended to evade accountability.
The charges against Duterte encompass a time frame beginning from November 1, 2011, when he was still serving as the mayor of Davao, to March 16, 2019, the date his country officially withdrew from the ICC. The court pointed out that nations cannot "abuse" their right to withdraw from the Rome Statute, the principal document governing the ICC, particularly to shield individuals from persecution for alleged crimes already under consideration.
Furthermore, the Duterte administration sought to suspend the ICC's investigation, asserting that Philippine authorities were conducting their own inquiries into the same allegations, and contending that the ICC, as a court of last resort, did not hold jurisdiction. However, ICC appeals judges dismissed these arguments, allowing the investigation to proceed in 2023.
