ICC Prosecution: Duterte’s Release Endangers Witnesses, Justice

Families of victims of Duterte´s War on Drugs /Photo courtesy: Rise Up for Life and for Rights

By Emmalyn Liwag Kotte

The Office of the Prosecutor at the International Criminal Court in the Netherlands has opposed Rodrigo Duterte’s request for an interim release, pointing out that the former Philippine president, “his family, and his associates are capable of influencing and harming witnesses as a result of their positions of power”. 

It also clarified that "it has not agreed in any way to conditions for interim release" to the preferred country of Duterte as claimed by the defense which is now being labeled as disinformation.

Mame Mandiaye Niang is the deputy prosecutor on the ICC case vs Duterte. /Photo courtesy: ICC

Duterte remains detained at the ICC in The Hague while the court’s prosecution team investigates his alleged crimes against humanity perpetrated during his so called “War on Drugs” from 2016 to 2019. 

In a 15-page rejoinder June 23, ICC deputy prosecutor Mame Mandiaye Niang enumerated the grounds for rejecting the request of the defense for Duterte's interim release arguing that granting it would jeopardize the ongoing investigation. These reasons meet all conditions for the ICC chamber to deny the request: that the suspect is a flight risk, will jeopardize the investigation, and will commit the alleged crimes again if released.

The document pointed out that the "release of Mr. Duterte could risk bringing real and substantial harm to the legitimate interests of victims and witnesses"as he ad his associates have a history of interfering with investigations against him.

The prosecutor asserted that the former president's detention is necessary to ensure his appearance at trial, stressing that he "does not accept the legitimacy of the legal proceedings against him." He also noted Duterte´s political position and his international contacts, as well as his financial situation and resources.

The prosecution´s response outlined instances when Duterte and his associates allegedly interfered with investigations against him, planned killings related to these investigations and intimidated witnesses.

In 2009, Leila De Lima, then-chairperson of the Philippines Commission on Human Rights (CHR), investigated extrajudicial killings (EJKs) and Duterte’s alleged links to the DDS (Davao Death Squad); Duterte reportedly planned to assassinate her. She was arrested on dubious charges months after the inquiry.

In 2016-2017 Senate inquiries on extrajudicial killings, Duterte’s allies allegedly instructed police to deny allegations and remain loyal to him.

After a testimony from ex-DDS member Edgar Matobato, police were reportedly ordered to “neutralise” DDS hitmen sympathetic to Matobato.

Duterte publicly threatened critics of his drug war, including the Catholic Church, human rights activists, and a UN Special Rapporteur. He also threatened to block or abolish the CHR.

Duterte threatened to slap a United Nations Special Rapporteur if she investigated his war on drugs.

Duterte reportedly made public statements attacking the ICC and threatening its staff, saying that if the ICC tried to arrest him in the Philippines, there would be a shootout, and he would “finish all those sons of bitches.”

The Prosecutor noted that Duterte still seems to hold significant power as demonstrated by his recent election as Mayor of Davao City, adding that he has also openly admitted that he “maintains strong influence over law enforcement in Davao”.

“If released, Mr. Duterte would have greater access to his associates and family who remain in positions of power with access to networks and personnel to carry out witness interference,” he argued, pointing out that “his daughter, Sara Duterte, is Vice President of the Philippines and a reserve colonel in the Army with strong links to the police and military”. 

The Prosecutor explained that in these positions, Sara Duterte “wields power and influence over governmental structures, as well as over her father’s former allies and supporters”.  He also noted that Duterte’s son, Sebastian Duterte, was elected as Davao City’s vice mayor and will fill in as mayor while his father is detained in the Hague.

In a statement June 13, the Rise Up for Life and for Rights, an organization of families of victims of war on drugs strongly protested the interim release request because it poses real and grave danger to their safety and security. It appeals to the ICC chamber to ensure their protection and deliver justice to their family members who died in the war on drugs.

In Australia, a protest march by militant group Bagong Alyansang Makabayan welcomed Vice President Duterte's visit in the "Down Under" and demanded justice, accountability and impeachment trial.

Bayan Australia held a protest rally in Melbourne to call for Duterte´s conviction during Vice-President Sara Duterte´s visit in the country. /Photo: Bayan Australia

Welcoming the ICC Prosecution's  opposition to Duterte's request for interim release, Philippine Universal Periodic Review Watch delegates said in a statement that the former president's "continued detention is not only a legal necessity, but a moral duty owed to the thousands who perished under his policy of state-sponsored violence"

The Philippine UPR Watch is a group of human rights defenders and advocates that engages in the Universal Periodic Review process of the United Nations Human Rights Council (UNHRC).

The UPR delegates are presently attending the 59th Session of the UNHRC in Geneva.

In a press briefing on June 24 in Geneva, UPR Watch stressed that ICC proceedings are indispensable in the absence of credible domestic accountability  mechanisms.

Deaconess Rubilyn Litao, a UPR Watch delegate, acknowledged the Prosecutor's stand as "a recognition of  the victims' demand for accountability".

"For years, they have waited while impunity reigned," said Litao.

Deaconess Rubilyn Litao, coordinator for Rise Up for Life and for Rights, an organization assisting families of victims of Duterte´s War on Drugs. / Photo: Macel Ingles

Litao also stressed that "Duterte must remain in detention to ensure that the long-denied trial proceeds. Anything less would mock the suffering of the thousands killed and the grief of those they left behind."

UPR Watch urged the ICC's Pre-Trial Chamber "to uphold the prosecution's position and ensure that this trial moves forward without further obstruction".

Meanwhile, One News of Cignal TV in the Philippines reported that VP Duterte "questioned why the provision for interim release exists if it cannot be granted."

"Bakit ka pa naglagay riyan ng provision ng interim release kung hindi mo rin naman 'yan ibibigay sa mga akusado, lalo na sa isang kailangan ng assistance at caregivers," she said.

She assured that "the former president has no intention of fleeing" as opposed to concerns raised by the prosecution regarding" his influence and risk of evading trial."