Former president Rodrigo Duterte could seek interim release before the International Criminal Court (ICC) but must adhere to “measures,” including appearance in court proceedings when called.
“An interim release can be requested if there is a possibility to put in place measures and conditions to ensure that if a person is released, none of that would happen, and that this person will be brought again before the court if the judges order. So that means that there is a different set of conditions that needs to be checked,” ICC spokesman Dr. Fadi El Abdallah said in an exclusive interview by Mariz Umali aired on “24 Oras.”
In previous cases, the suspects were also forbidden from interfering with the investigation, were not allowed to talk to the witnesses, and were prohibited from making public statements.
Abdallah also said the ICC can enter into agreements with certain states for the interim release of the suspect.
“Now as a matter of principle, the ICC can enter into general agreements for interim release or for other purposes with different states, but can also enter into ad hoc agreements with certain states for specific cases,” he said.
The ICC official said that the mechanism of interim release is a sign of respect to the principle of presumption of innocence.
Under the ICC’s procedures, a summons or a warrant of arrest could be issued if the suspect needs to face the judges.
If a summons is issued, the judges believe that the suspect will face them. Meanwhile, if a warrant of arrest was issued, the court has apprehensions regarding the suspect.
In the same interview, Abdallah also said the Philippines has to accept technical measures and conditions for the judges to order the potential interim release of Duterte.
“As a matter of general principle, all these conditions and questions need to be discussed before the judges,” he said.
“The technical measures and conditions have to be decided on a case-by-case basis by the judges and have to be accepted by a certain state for it to be ordered by the judges,” he added.
Regarding calls for Duterte’s return to the Philippines, Abdallah said that it’s very important to know if the country where he will be released will agree to cooperate and will follow the conditions in connection with the interim release.
“Does this country accept this release? If the court is ordering certain conditions and measures to be put in place to ensure that he will not be in contact with this or that, that he will not be threatening the investigation, that he will be brought again before the court when the judge is ordered, does the country accept these conditions and measures or not and so on,” the ICC spokesperson said.
“So as a matter of general principle there are all these conditions and questions that need to be discussed before the judges and then judges will decide whether or not to grant an interim release with or without conditions as I mentioned,” he added.
GMA Integrated News already reached out to Malacanang for its comment.
Further, the ICC maintained that the alleged crimes against humanity that Duterte committed happened during the time when the Philippines was still under the Rome Statute.
“So crimes allegedly committed during this period in Philippines were under the ICC jurisdiction and remain under the ICC jurisdiction,” said Abdallah.
Duterte pulled the Philippines out of the Hague-based ICC’s Rome Statute in 2018, with the withdrawal taking effect in 2019, after the tribunal began a preliminary probe into his administration’s drug war.
But a Supreme Court ruling in 2021 said that the Philippines has the obligation to cooperate with the ICC despite its withdrawal from the Rome Statute, noting that the exit does not affect criminal proceedings pertaining to acts that occurred when a country was still a state party.
Duterte on March 13 (Philippine time) entered the Hague Penitentiary Institution or the Scheveningen Prison where he is set to be held while awaiting trial.
The next hearing on the confirmation of the charges has been set for September 23, 2025. —Vince Angelo Ferreras/LDF, GMA Integrated News
