Vice President Sara Duterte disclosed that her father’s legal team is planning to use a Dutch law to secure his temporary release from detention at the International Criminal Court (ICC).
Speaking to reporters on Tuesday, June 3, outside the Scheveningen Prison in The Hague, Netherlands, the Vice President shared about their legal plans after she and her mother, Elizabeth Zimmerman, visited former President Rodrigo Duterte at the ICC facility.
“And then one of the discussions as well was your suggestions, spokes, no? To go through the Dutch laws. Which he said, okay, you explore that,” she shared when asked about what she and her father talked about during her one-and-a-half-hour visit.
The official was referring to former presidential spokesman Harry Roque, who broached the idea and was with her during the media interview.
The younger Duterte added that what she spoke with her father about the possibility of his release was already “public knowledge” and what their lawyers have allowed them to share.
“And then sabi ko, I can do that while I’m back in the Philippines, na online na lang ‘yung pag-aasikaso,” she said.
The Vice President, however, did not elaborate on the particular provision under the Dutch law that the Duterte camp can use to secure her father’s release from ICC detention.
What she confirmed was the legal team’s move to question the jurisdiction of the ICC over the former president’s case, as well as a provision under the Rome Statute allowing for interim release.
“Kung ano yung alam na ng lahat, ‘yun lang din ‘yung sinasabi namin,” she said.
Last month, the former president’s legal team officially challenged the jurisdiction of the ICC over his arrest for alleged crimes against humanity of murder in relation to his administration’s bloody war on drugs campaign.
The ICC’s Pre-Trial Chamber I has yet to decide on the jurisdiction challenge, though this has been questioned by the prosecution.
Lawyer Nicholas Kaufman, Duterte’s lead counsel, also revealed earlier plans to apply for an interim release for the former president, though he did not mention when the application will be filed.
There are three factors for an interim release to be granted by the ICC judges —first, there should be no risk of flight for the accused; second, there should be no risk of interference of witnesses with the evidence; and third, there should be no risk of continuing the crimes. (Raymund Antonio)
