Rody lawyer not giving up on interim release

The lead defense counsel of former president Rodrigo Duterte plans to “reintroduce” a request for interim release once the result of his medical evaluation becomes available.

- By JANVIC MATEO

Reacting to the rejection of their appeal, defense counsel Nicholas Kaufman said “the ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes against humanity.”

“The Defense awaits the results of the medical evaluation of the former president due next month and will reintroduce its request to release a man who is 80 years old and, as a result of debilitating physical and cognitive conditions, is incapable of flight or, as alleged, threats to witnesses,” he added.

The Rome Statute, the treaty that established the ICC, provides that the Pre-Trial Chamber “shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person.”

“Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require,” according to the Statute.

The ICC Appeals Chamber on Friday affirmed the Sept. 26 decision of the ICC Pre-Trial Chamber I that denied Duterte’s request for interim release.

It rejected the three grounds of the appeal filed by Kaufman on behalf of the former president.

On the first ground of appeal, which claimed that the pretrial judges erroneously found that the former president poses a risk, the Appeals Chamber said the “defense has failed to substantiate that the Pre-Trial Chamber’s reasoning and assessment were unreasonable.”