Defense seeks Duterte interim release anew

Metro Manila, Philippines - The defense team of former President Rodrigo Duterte made another plea to the International Criminal Court (ICC) for his interim release after the postponement of the confirmation of charges hearing.

Duterte’s counsel Nicholas Kaufman made the request to the ICC Pre-Trial Chamber I in a document dated Sept. 16, saying they now seek another condition for the interim release.

“Considering the aforementioned, the Defence wishes to proffer a further condition in respect of interim release; namely, the provision of [REDACTED] at the discretion of the Pre-Trial Chamber, which will [REDACTED],” the defense said.

“This [REDACTED], which would be a condition for release, would remain under the exclusive supervision of the Pre-Trial Chamber, and would be [REDACTED],” it added.

On Sept. 8, the Pre-Trial Chamber I decided to postpone the scheduled Sept. 23 confirmation of charges hearing until further notice as the defense said Duterte “is not fit to stand trial.”

Kaufman said the former Philippine president suffers from “significant cognitive deficiencies” that impair his memory, orientation, and capacity for reasoning, according to the public redacted version of their request for an indefinite adjournment. 

He wrote that the latest plea was to “facilitate the Pre-Trial Chamber’s adjudication of Mr Duterte’s interim release application in light of new information arising out of the Registry’s last submission.”

The defense stressed anew that Duterte should not remain in detention while proceedings on his fitness were underway.

“Administrative delay, occasioned by [REDACTED], cannot justify the abrogation of liberty. Provisional release should be ordered as soon as continuing detention ceases to be reasonable,” Kaufman argued.

He said the interim release will not affect or hinder the proceedings on fitness or his ICC case.

“The receiving State identified by the Defence as willing to host Mr Duterte will be required, as a condition for release, to facilitate [REDACTED] by the Court,” read the document.

“Mr Duterte’s release while litigation on fitness is underway would ensure a proper balance between a suspect’s rights under the Statute while respecting the efficiency and integrity of the proceedings,” it added.

Duterte’s daughter, Vice President Sara Duterte, told reporters on Tuesday, Sept. 16, that her father was “okay” and that they talked about politics, the flood control scandal, and his love life.

Meanwhile, in a separate filing, Kaufman said the defense also disclosed 29 items of evidence to the Office of the Prosecutor and the Office of Public Counsel for Victims on Sept. 5, and another item of evidence on Sept. 11.