ICC Prosecutor Opposes Duterte’s Interim Release, Citing Risk of Witness Intimidation and Ongoing Influence

The International Criminal Court’s (ICC) Office of the Prosecutor has opposed former President Rodrigo Duterte’s request for temporary release, warning of serious risks to judicial proceedings and public safety.

In a redacted 15-page filing dated June 23, ICC Deputy Prosecutor Mame Mandiaye Niang insisted that Duterte’s continued detention is essential to guarantee his appearance at trial. The former president faces charges linked to alleged crimes against humanity during his bloody war on drugs.

The prosecutor cited Duterte’s public rejection of the court’s legitimacy and his characterization of his detention as a “kidnapping,” echoed by his family and legal team, as reasons to doubt his compliance if released.

“A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape,” the filing pointedly noted.

Niang also raised alarms that Duterte’s release could pave the way for intimidation of witnesses, referencing the political clout of his children—Vice President Sara Duterte, Congressman Paolo Duterte, and outgoing Davao Mayor Baste Duterte.

The prosecutor further drew parallels to Duterte’s past actions, including the detention of former senator Leila de Lima after she launched a probe into Davao death squad allegations. The ICC previously determined that Duterte still holds “considerable power,” evidenced by his recent election win as Davao City mayor.

The filing emphasized that Duterte’s own statements—such as his vow to “double” drug-related killings if given the chance—underscored the need to prevent potential future crimes under ICC jurisdiction.

Niang also addressed the possibility of a redacted country hosting Duterte if granted interim release, but dismissed the defense’s assurances that he would behave diplomatically, calling them “highly unpersuasive” given Duterte’s prior “insulting remarks” toward international leaders. (ZIA LUNA)

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