The International Criminal Court (ICC) has been asked to dismiss an application for the interim release of former president of the Philippines, Rodrigo Duterte.
The plea has come from families of victims of Mr Duterte’s “war on drugs” as well as ecumenical groups and human rights lawyers.
Duterte (79) was detained in March as he stepped off a flight in Manila. He was transferred to The Hague where he made a court appearance by video link from the UN detention unit at Scheveningen jail, two kilometres away, a few days later.
During that hearing, Mr Duterte was read the charges against him, in which he is named as a “direct co-perpetrator” of 19 murders carried out by the notorious Davao Death Squad during his time as mayor of that city.
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He is also charged with 24 killings carried out by police or “others not part of the police” during his time as president between 2016 and 2019, when up to 30,000 people are believed to have died, many in indiscriminate shootings.
A confirmation-of-charges hearing has been set for September 23rd.
If the case against Mr Duterte goes ahead at the ICC, he will become the first former Asian head of state to be tried there.
Last month, the former president’s lawyer, Nicholas Kaufman, petitioned the ICC’s pretrial chamber of judges for his interim release to an undisclosed third country – the name of which was redacted from public documents.
He said Mr Duterte, known to suffer from chronic neuromuscular disorder and other illnesses, was “not a flight risk”.
“He is no longer president of the Philippines and does not command the same influence or power he is said to have abused during the period of the alleged crimes.”
In response, Paolina Massidda of the ICC’s Office of Public Counsel for Victims argued that the gravity of the charges against Mr Duterte made his detention justified to ensure his presence at trial.
In addition, she said Mr Duterte already had access to the bulk of the evidence against him, including the identities of prosecution witnesses.
Philippine human rights lawyer Neri Colmenares, who has represented many of those killed, said: “Given the long history of threats, harassment and even killings targeting witnesses and human rights lawyers, we assert that Duterte’s release would escalate these attacks.”
An ecumenical human rights group attached to the United Methodist Church agreed. “Duterte must remain in detention because this ensures his trial will proceed,” said Deaconess Rubylin Litao.
“Anything less would dishonour the suffering of the thousands killed – and the grief of those left behind.”
