Vice President Sara Duterte told a Russian TV news channel that her father, former president Rodrigo Duterte, has been detained for over a hundred days with no recourse for bail. She also said her father “doesn’t intend to intimidate witnesses” should he be allowed interim release and that his murder charges do not amount to crimes against humanity.
These need context. Right to bail is not expressly stated in the rules of procedure of the International Criminal Court. The elder Duterte has a history of threatening critics and witnesses when he was president. The prosecution filed in the ICC 43 counts of murder from thousands of alleged extrajudicial killings related to the drug war, saying these were sufficient to show a pattern of violence characteristic of crimes against humanity.
STATEMENT
The vice president was interviewed by state-funded news outlet Russia Today on June 26. Asked about her father’s high approval ratings despite his arrest, she said:
“He has been in detention for more than 100 days without recourse for bail and now his petition for interim release has been vigorously opposed without legal reason by the prosecution.”
SOURCE: Russia Today, ICC had no jurisdiction to arrest former Philippines president – Duterte’s daughter (VIDEO), watch from 6:13 to 6:29
The vice president also reacted to the ICC prosecutor’s opposition to the interim release requested by her father. She said:
“He doesn’t intend to intimidate witnesses, he hasn’t done that. He’s been mayor, he hasn’t done that. He was president when the ICC case was filed, he hasn’t done anything at all with the witnesses. We all know the list of witnesses because we have information coming in from the investigations conducted by ICC investigators here in the Philippines and he hasn’t done anything… Clearly, when we heard the charges, we found out that it’s really nothing. It’s 43 counts of murder, that’s not even close to crimes against humanity.”
SOURCE: Russia Today, ICC had no jurisdiction to arrest former Philippines president – Duterte’s daughter (VIDEO), watch from 6:42 to 7:43
FACT
ICC detainees are not explicitly granted the right to bail, but they may apply for interim release while awaiting trial. The list of witnesses has not been made publicly available. Rodrigo Duterte has harassed and threatened those critical of the drug war when he was president, as pointed out by victims of the killings who opposed Duterte’s request for temporary freedom.
“Mr. Duterte’s supporters are very active and he still has strong connections with individuals in power. Victims are equally concerned by the fact that the suspect has the means to evade justice,” Paolina Massida, principal counsel for the victims wrote in a June 25 response to the request for interim release.
The prosecution stated in its application for an arrest warrant that the cases of extrajudicial killings were selected to exhibit a “pattern of abuse.” Gilbert Andres, one of six Filipino lawyers accredited by the tribunal, said the 43 counts of murder are samples meant to establish this pattern.
The Rome Statute, which created the ICC, and the court’s Rules of Procedure do not provide an opportunity for a detainee to post bail. Article 60 of the Rome Statute only allows detainees to apply for interim release while awaiting trial.
On June 12, Duterte’s legal counsel Nicholas Kaufman submitted a request for interim release as the former president waits for the confirmation of charges hearing on Sept. 23.
No decision has been issued on the request, which ICC Deputy Prosecutor Mame Mandiaye Niang opposed for the following reasons:
- Continued detention is necessary to ensure Duterte’s appearance in the proceedings since he does not accept the legitimacy of the charges against him,
- Duterte’s position of influence, network of contacts and access to financial resources make him a flight risk,
- Duterte has the ability to intimidate or interfere with witnesses once released, noting that he and his associates have a history of doing so,
- Duterte may continue to commit the crimes he is detained for, having promised during his mayoral campaign that he will “double” the killings “the moment [he returns].”
- Duterte’s health is not at risk as evidenced by his numerous public appearances before the arrest, contrary to what the defense posed.
Kaufman had claimed that the prosecution had already agreed to an interim release upon initial discussion. Niang denied this, clarifying that only the terms of interim release were taken up.
“Interim release pending proceedings [is not] the bail as we understand it in domestic law. We understand bail in domestic law as a right, so long as the charge is bailable under domestic law,” University of St. La Salle College of Law Dean Ralph Sarmiento said in an interview on ANC Headstart on March 17.
