Photo courtesy: Kahimyang Project
FORMER President Rodrigo Duterte may seek interim release from the International Criminal Court (ICC), but this hinges on fulfilling specific conditions, according to ICC spokesperson Dr. Fadi El Abdallah.
In an exclusive interview with Mariz Umali on “24 Oras,” Abdallah clarified that such release requires “measures and conditions” to ensure Duterte’s appearance in court proceedings if summoned.
These conditions, similar to those in previous cases, could include restrictions on interfering with the investigation, contacting witnesses, and making public statements. The ICC can also negotiate agreements with states to facilitate interim release, either through general agreements or ad hoc arrangements for specific cases.
Abdallah emphasized that the possibility of interim release reflects the ICC’s respect for the presumption of innocence. However, the issuance of a summons (indicating the court believes Duterte will cooperate) versus a warrant of arrest (suggesting apprehension about his cooperation) will significantly influence the judges’ decision.
Crucially, the Philippines must accept the technical measures and conditions set by the judges for any interim release order.
These conditions are determined on a case-by-case basis and require the cooperation of the state where Duterte would be released. Abdallah highlighted the importance of the releasing state’s commitment to cooperate fully and adhere to the imposed conditions. The success of any interim release hinges on this international cooperation.
