ICC prosecutor opposes Rody's interim release

Contrary to the claim of the lawyers of former president Rodrigo Duterte, the Office of the Prosecutor (OTP) of the International Criminal Court has formally asked ICC pre-trial judges to deny his request for interim release to an undisclosed third country.

- JANVIC MATEO and BELLA CARIASO

In a 15-page response dated June 23, ICC deputy prosecutor Mame Mandiaye Niang asked the Pre-Trial Chamber I to reject Duterte's urgent request, citing the risk of endangering ongoing investigations and even the court's proceedings.

He directly addressed the claim of Duterte lead counsel Nicholas Kaufman that the prosecution "has confirmed its non-opposition to interim release," provided that certain terms and conditions are met.

In a 16-page urgent request for interim release dated June 12, Kaufman said Duterte is seeking his interim release from detention in The Hague and transfer to a third host country that is a member of the ICC.

Niang said the OTP's earlier discussions with the defense were in the context of another country, which it described as having "a long history of cooperation with the Court."

"No agreement whatsoever was reached with the Defense on conditions of interim release to any country other than (REDACTED). For absolute clarity: the Prosecution has not agreed in any way to conditions for interim release to (REDACTED), or anywhere else in the world, other than (REDACTED)," he added in the filing. The use of the term "redacted" in the filing was not explained.

In its response, the OTP said Duterte's continued detention is necessary to ensure his appearance during trial.

He cited various factors, such as Duterte's resistance to his arrest, as well as the claims by his family and lawyers that he was "kidnapped" by the court.

Among those it cited was the "physical acts of violence" reportedly committed by Duterte's common-law wife, Honeylet Avanceña, who was caught on video hitting an arresting officer with her phone when the former president was being arrested.

The prosecutor also cited Kaufman's statements, including claims that Duterte's arrest was a "political hit-job" and that the prosecution had "colluded" with the Philippine government to abduct the former president.