THE International Criminal Court (ICC) has denied former Philippine president Rodrigo Duterte’s request for interim release, citing significant concerns about flight risk, potential witness intimidation, and the possibility that he would continue to commit crimes within the court’s jurisdiction.
In a decision issued on Friday, October 10, ICC judges Iulia Antoanella Motoc, Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera stated that all three risk factors were present in Duterte’s case. According to ICC guidelines, a suspect cannot be temporarily freed if they are found to pose a risk of fleeing, intimidating witnesses, or re-committing the crimes they are accused of.
The court also rejected Duterte’s plea for humanitarian considerations, noting that measures were in place to ensure his right to family life, including visits and calls.
The pre-trial chamber emphasized that Duterte “continues to pose a flight risk,” considering his position of power and influence, his camp’s insistence that he was “kidnapped” by the ICC, his mayoral victory in Davao City, and the fact that Vice President Sara Duterte is in office. The court concluded that Duterte “appears to have the necessary political contacts, as well as to benefit from a network of support.”
The ICC also cited evidence suggesting that Duterte may intimidate witnesses and jeopardize the investigation, referencing an alleged instance where he briefed a Davao Death Squad witness before a Senate appearance in 2016. The court stated that “Mr. Duterte’s and his associates’ history shows that he is able and has means, either directly or through his associates, to obstruct proceedings against him.”
Furthermore, the ICC pointed to the position of Davao City Acting Mayor Sebastian Duterte as a reason to believe that Duterte presented a risk of continuing to commit the crimes charged against him.
Duterte is facing three counts of crimes against humanity of murder, representing 49 incidents of killings with 78 victims. His confirmation of charges hearing has been postponed due to his lawyer’s claim that he is unfit for trial, and the ICC is in the process of arranging for neuropsychiatry experts to examine him.
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