Drug war victim lawyers, group oppose Duterte release bid

Metro Manila, Philippines - Lawyers of drug war victims and a progressive group opposed the bid of former President Rodrigo Duterte for an interim release from the International Criminal Court (ICC) in the Netherlands.

Duterte, accused of crimes against humanity for murder for his brutal drug war, has requested an interim release to an undisclosed Rome Statute member nation that will accommodate him under strict conditions. The Rome Statute is the treaty that established the ICC.

In a social media post on Friday, June 13, ICC assistant to counsel Kristina Conti said she would discuss the matter with drug war victims and their families.

“Para naman akong binuhusan ng malamig na tubig. Lalo na nung mabasa ko na hindi raw kokontrahin ng prosecutor ang interim release ni Duterte,” Conti said. 

[Translation: It is like cold water was poured onto me, especially when I read that the prosecutor would not oppose Duterte’s interim release.]

Conti released a statement of the victims’ families, who are anxious and angry about the possible release.

“Nakakatakot kung ito ay mapagbibigyan. Paano na ang halos 10 taon paghahanap ng hustisya kapag nakalaya at kung sakali ay makabalik sa Pilipinas si Duterte?” the families said.

[Translation: It is frightening if the release would be granted. How about the justice we have been waiting for for the past 10 years? What if Duterte returns to the Philippines?]

“Maswerte si Duterte dahil may due process siyang tinatamasa kahit nakakulong. At ang apila para sa interim release ay malinaw na ayaw nilang panagutan ang mga paglabag sa karapatan ng taong bayan. Habang ang mga pamilya ng mga wala pa ring hustisya na nakakamit,” they added.

[Translation: Duterte is lucky because he is accorded due process while in detention. The appeal for an interim release is a clear move that they do not want to take accountability for his human rights violations while the families still yearn for justice.]

Victims’ lawyer Neri Colmenares noted that his clients have the right to formally resist Duterte’s application.

Colmenares said a freed person must not obstruct nor endanger court proceedings, citing a possible violation of Article 58 of the Rome Statute.

“The victims and their lawyers have been under attack especially after Duterte’s arrest, and the attacks will escalate if he is free to orchestrate this. Given the long history of threats, harassment, and even killings targeting victims, witnesses, and human rights lawyers, we assert that Duterte’s release will escalate these attacks,” he said.

“He (Duterte) knows, he will surely get convicted once trial takes place. So, escape is now an option and he has the resources and the network of support that can facilitate this,” Colmenares said.

READ: TIMELINE: ICC probe into the Philippines’ war on drugs

Human rights lawyer and Representative-elect Leila de Lima, a staunch critic of Duterte, said the ICC knows it cannot take a chance in releasing the former president, saying he is likely to not return to the court.

“The grant of Duterte's application for interim release has a snowball's chance in hell. He (counsel Nicholas Kaufman) has to show his client his professional fee is being put to good use,” De Lima said. “On the other hand, the ICC prosecutors have to make the appearance of not being too unreasonable, hence, the show of being open to negotiations on the conditions for release.”

Progressive group Karapatan said it stands with the victims and their families in awaiting full justice and accountability for the former president’s crimes.

“Granting such a motion would send a dangerous signal that fascists like him are afforded special treatment, while vulnerabilities to reprisal against victims and their families as well as witnesses are increased, as the political infrastructure of the Dutertes remain in place,” it said.

Duterte has been detained since March. His drug war’s extrajudicial killings supposedly reached around 20,000, based on human rights figures.