ICC grants Duterte camp's request to hold off its decision on his interim release request
The International Criminal Court granted the request of former president Rodrigo Duterte's camp to hold off its decision on his request for interim release, despite calling it a "matter of urgency" at the time.
Presiding Judge Iulia Antoanella Motoc and Judge Reine Adélaïde Sophie Alapini-Gansou concurred, while Judge María del Socorro Flores Liera dissented.
In a majority decision, the ICC pre-trial chamber said it defers the issuance of a decision on the interim release request "until further action is undertaken by the Defence on the matter, or until when the Chamber will deem it appropriate."
The majority noted that "interim release proceedings pursuant to article 60(2) of the Rome Statute may exclusively be triggered by the ‘person subject to a warrant of arrest,’ who preserves the right to submit a request for interim release, or not, at any point in time ‘pending trial.'"
The majority noted that it granted the request to make sure that a decision on the interim release is "appropriately informed."
"The Majority emphasises that the present decision shall not be construed as prejudging any matter to be determined in the context of the proceedings related to the Interim Release Request, including in its eventual decision thereon," it added.
The majority, however, noted that it rejected the Duterte's camp request to "order or, failing that, strenuously to encourage the performance of certain procedures," saying it's "the object of separate litigation."
"Accordingly, the Chamber shall not entertain the Second Issue raised in the Defence’s Request," it added.
Last July 18, Duterte's camp requested the pre-trial chamber "to suspend its adjudication of the request for interim release until such time as the Defence has assembled all information necessary."
Though there were a lot of missing contexts, they argued that upon making an interim release request on June 12, its urgency was dictated by a party's failure to provide vital information. They also mentioned seeking to obtain something "for some time"... "over the course of two months."
They noted exchanging over 20 emails with a certain entity since May 19, but discovered something in the information provided "a few days ago."
Duterte's camp also claimed that the prosecution committed a "mischaracterization."
In their interim release request, Duterte's lawyer Nicholas Kaufman said an ICC member-state, the name of which was redacted, had "expressed to the Defence its advance and principled agreement to receive Mr. Duterte onto its territory for the term of his interim release and will act, in accordance with its domestic law, to implement such conditions as deemed appropriate by Pre-Trial Chamber I."
Kaufman noted that Duterte "is not a flight risk, and custody is not necessary to ensure his appearance before the Court."
Kaufman acknowledged that it's the Pre-Trial Chamber I's decision to set the terms of the would-be interim release, though he said they're making the following additional submissions: Duterte will not abscond; Duterte will not imperil proceedings if released; Duterte will not continue to commit crimes; and humanitarian factors militate in favor of interim release.
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
