Only ICC can order Duterte's release, The Hague court spokesman says

Only the judges of the International Criminal Court can order the release of former president Rodrigo Duterte from detention, the ICC spokesman said.

- RAYMUND ANTONIO and IVY TEJANO

In a virtual interview by News-Watch Plus PH on Monday, March 24, ICC spokesman Fadi El Abdallah declined to comment on the petitions filed before the Supreme Court (SC) questioning the constitutionality of the arrest of the former president, but he also stated that it will be up to the ICC judges to release a “suspect.”

“For the ICC, the release of a suspect can only be ordered by the ICC judges themselves so, any request to that effect has to be submitted to them and then we will see what are the reasons that are in this request and the judges will make a decision on it," he explained.

The Duterte camp has questioned the legality of the former president's arrest before the SC and is expected to raise the same issue before the ICC's Pre-Trial Chamber in hopes of dismissing the charges against the former Philippine leader on procedural grounds.

But several notable legal experts, including former SC associate justice Antonio Carpio, said that the ICC will continue its trial on the former president's case whether his arrest was legal or not.

He explained that the ICC rule "is very clear" that even if a suspect was illegally arrested by the surrendering state, the ICC will still acquire jurisdiction on the individual because the Court had nothing to do with the illegal arrest done by the surrendering state.

Interim release

Aside from questioning the legality of the former chief executive's arrest, the Duterte camp is also expected to request for an interim release while he's waiting for the Sept. 23 confirmation of charges hearing.

El Abdallah explained that there are certain conditions that must be met before the ICC judges can decide on an interim release of a suspect.

"For the interim release, it has to be presented to the judges and the judges will decide if that is possible.