'No More Delays': Victims' Families Hail Keeping Ex-Philippine President Duterte Detained

Families of victims of former Philippine President Rodrigo Duterte's so-called 'war on drugs' hailed his continued detention at the International Criminal Court (ICC) in The Hague as necessary for the case“to proceed efficiently and smoothly”. They added it was also a crucial step“to make victims and witnesses feel safe coming forward.”

On Friday, November 28, the ICC Appeals Chamber rejected the appeal of Duterte's defence lawyers for his interim release on health grounds. The court affirmed the earlier decision of Pre-Trial Chamber I on September 26 denying Duterte's request for interim release. The former Philippine president, who was recently elected as mayor of his hometown in Davao City, waived his right to be present at the hearing, and remains in ICC custody.

In a statement shared with Khaleej Times on Friday, ICC Assistant to Counsel Atty. Kristina Conti said:“Duterte's (continued) detention is crucial for victims and witnesses to feel safe coming forward. By large, it is an assurance that he cannot simply intimidate persons, interfere with the evidence, or disrupt proceedings.”

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The counsel for victims of Duterte's 'war on drugs' added the ICC Appeals Chamber rejection of Duterte's plea was factual and legal.“The court noted that not only is there basis for his continued detention and that he is a flight risk; but also that the defence failed to sufficiently argue (Duterte's) release on humanitarian grounds,” Conti added.

British-Israeli lawyer Nicholas Kaufman, Duterte's lead defence lawyer, earlier claimed the health of Duterte, who is now 80 years old, is deteriorating and used this as the basis for asking his temporary release on humanitarian grounds.

Conti countered Duterte's continued detention at The Hague“is (actually) providential for him, given the capacity and earnestness of the ICC and the host country The Netherlands to provide proper medical care if such is necessary.”

The Appeals Chamber composed of presiding Judge Luz del Carmen Ibáñez Carranza from Peru,

Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin, rejected all three grounds of appeal by Duterte.

Duterte faces charges of crimes against humanity linked to his alleged involvement in extrajudicial killings during his brutal campaign against drugs while he was president between 2016 and 2022 and earlier as mayor of Davao City. He denied authorising extrajudicial killings but openly threatened to kill drug suspects and encouraged authorities to open fire if suspects resisted arrest. Those orders allegedly led to thousands of extrajudicial killings by police of mostly poor drug suspects, according to Amnesty International.

Estimates of the death toll during Duterte's presidential term vary but the Philippine National Police put the figure at more than 6,000, while human rights groups said there were up to 30,000 killings.

Duterte, the first Asian former head of state to appear before the ICC, was surrendered to the ICC on March 12 after he was arrested by Philippine government authorities at the Manila International Airport upon his arrival from Hong Kong on March 11. He appeared very weak and barely speaking when he made his first court appearance by video on March 14.

It was a stark contrast when he released a video two days earlier taken inside a private jet that made a Dubai stopover for refueling before heading to Rotterdam The Hague Airport. In the video he addressed his supporters, saying:“Do not worry, I'm okay.”

He also repeated his mantra of taking full responsibility for his 'war on drugs'. In a mix of Tagalog and English, he said:“This (trial) has something to do with the law and order before. I told the military and police to work and I will take full responsibility-this (arrest) is it. For whatever happened in the past, I took full responsibility-it was my job-and I am responsible.”

The ICC will set a specific date for the confirmation of charges hearing once it has addressed outstanding matters in the case.

Conti noted with the final decision rejecting Duterte's request for interim release, both the prosecution and defence teams can now focus on two other issues at hand: The issue of jurisdiction, raised with the Appeals Chamber; and the issue of Duterte's fitness to stand trial, pending with the Pre-Trial Chamber.

Human rights groups such as Karapatan and Hustisya also welcomed the ICC ruling and said:

“Victims and their families have already waited far too long for Duterte's trial to begin. With the Appeals Chamber upholding the denial of interim release, the hearing on confirmation of charges against Duterte should immediately commence. No more delays!”

“The decision brings a measure of certainty to the victims' quest for justice at the ICC,” added Karapatan secretary-general Cristina Palabay, noting“It does not mean the struggle is over, but it keeps the path open, and the victims have that degree of assurance that Duterte remains in prison.”

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