FORMER president Rodrigo Duterte’s legal counsel has filed a petition with the International Criminal Court (ICC) requesting his interim release to an undisclosed country.
The petition, submitted on June 12 by lawyer Nicolas Kaufman, reveals that a specific unnamed government has already expressed its willingness to host Duterte while the ICC proceedings continue.
Kaufman’s filing cites Article 60 of the Rome Statute, which allows for temporary release under specific conditions.
The petition states that the unnamed government will facilitate Duterte’s release in accordance with the conditions set by the ICC’s Pre-Trial Chamber I. The concept of interim release, according to the petition, involves the temporary discharge of an accused individual detained by the ICC, citing historical precedents with countries such as Belgium and Argentina.
Kaufman argues that Duterte does not meet the criteria for continued pre-trial detention, asserting that he poses no objective risk of flight and that his arrest is not necessary to ensure the integrity of the ongoing investigations.
Significantly, the petition notes that the ICC Prosecution does not oppose the request for interim release, a move interpreted as acknowledging the minimal risks associated with flight, obstruction of justice, or the continuation of crimes, as outlined in Article 58(1)(b).
Duterte has been detained at an ICC facility in The Hague since his arrest in the Philippines in March. He faces charges of crimes against humanity related to his controversial war on drugs, which spanned his presidency from 2016 to 2022. The outcome of the interim release petition remains pending before the ICC.
