Judges at the International Criminal Court on 10th October denied a petition by former Philippine President Rodrigo Duterte to be released from custody, ruling that he was likely to refuse to return for trial and would use his liberty to intimidate witnesses.
Prosecutors in the ICC charged Duterte with crimes against humanity for the deadly anti-drug campaigns he directed while president, initially as the mayor of a southern city and subsequently as president.
Lawyers for Duterte requested a pre-trial panel of judges to release the octogenarian, saying he was frail in health and his health was worsening inside the court detention facility.
A 23-page ruling by the panel of pretrial judges dismissed the request, stating in it that Duterte, as a former president, “seems to have the political contacts necessary” to “assist him in fleeing.”
The ruling also hints at the potential that Duterte may utilize his liberty to meddle with the legal procedure. If he is released, judges explained, there’s a likelihood he would “present a risk to (potential) witnesses, directly or indirectly by his followers.” Duterte’s attorney, Nick Kaufman, explained to The Associated Press that the ruling was “mistaken” and objected to keeping “a weakened and cognitively impaired 80-year-old” in custody.
Judges last month adjourned a hearing until a full medical evaluation can be conducted. Duterte’s “cognitive functions” have weakened to a point where he cannot aid his lawyers, defense filings said.
Human rights groups and victim families welcomed Duterte’s arrest in March, and the chief prosecutor of the court, Karim Khan, described it as “a significant step in our ongoing work to secure accountability for victims of the world’s most heinous crimes in ICC jurisdiction.”
Two groups representing the families of suspects who had been killed during Duterte’s campaign celebrated the court’s ruling as “a resounding victory for justice and accountability.”
In a common statement, the CATW-AP and SENTRO stated, “The ICC’s ruling reaffirms a simple but powerful truth: no one, not even a former head of state, is above the law.”
Based on a recent filing, ICC prosecutors allege Duterte ordered and sanctioned “violent acts, including murder, to be committed against alleged criminals, including alleged drug dealers and users.”
The ICC initiated an investigation in 2021 into widespread killings attributed to Duterte’s so-called war on drugs during his tenure as mayor of the southern Philippine city of Davao and president.
Estimates of fatalities under Duterte’s presidency range from over 6,000 reported by the national police to as high as 30,000 by human rights organizations.
