Metro Manila, Philippines – The Senate standoff that allowed Senator Ronald “Bato” dela Rosa to evade arrest may undermine former President Rodrigo Duterte’s bid for interim release before the International Criminal Court (ICC), said former ICC judge Raul Pangalangan.
Speaking on The Newsmaker, Pangalangan said the events that unfolded in the Senate — including Dela Rosa given sanctuary and later escaping authorities — could strengthen the ICC concerns that Duterte and his allies retain the ability to influence proceedings and interfere with witnesses.
“I think the recent events in the Philippines with Bato not being arrested, being given sanctuary by the Senate, and then escaping while supposedly under the protection of the Senate – if you’re convincing this court that it is safe to give interim liberty to Duterte, then all they have to do is tell the court what Bato has been doing,” Pangalangan said.
“The latest misadventures in the Philippines actually are bad news for Duterte’s request for interim release,” he added.
Pangalangan explained that the ICC considers the risk of witness intimidation and interference in judicial proceedings when deciding whether to grant interim release.
“In fact, the capacity to influence the proceeding and the capacity to intimidate witnesses is one reason to deny interim release in the statute,” he said.
“It was relied upon by the court in earlier orders. And the recent events in the Philippines merely confirm exactly that concern,” Pangalangan said
The former ICC judge referred to the political turmoil that engulfed the Senate in recent weeks, during which Dela Rosa remained inside the Senate complex while authorities attempted to serve an ICC arrest warrant. The senator later left the premises and remains at large despite a directive from the Department of Justice to enforce the warrant.
Pangalangan said the developments could be cited by ICC judges as evidence that Duterte’s network of influence remains intact.
“If the court can just review exactly what’s been happening for the past two weeks, well, I don’t know. If you tell the court that it is safe to release him, he will honor all his obligations — well, look at what is happening in the Philippines now,” he said.
Duterte is awaiting trial on charges of crimes against humanity linked to his administration’s war on drugs. The trial is scheduled to begin on Nov. 30.
