Camille Naredo

Family and relatives join the inurnment rites of victims of extrajudicial killings linked to the drug war of former President Rodrigo Duterte at the Dambana ng Paghilom in La Loma Cemetery in Caloocan City on Wednesday, May 1, 2024. Maria Tan, ABS-CBN News/File

Family and relatives join the inurnment rites of victims of extrajudicial killings linked to the drug war of former President Rodrigo Duterte at the Dambana ng Paghilom in La Loma Cemetery in Caloocan City on Wednesday, May 1, 2024. The newly inaugurated memorial site will serve as a resting place for victims of extrajudicial killings, emphasizing the inherent dignity of the victims as individuals

Maria Tan, ABS-CBN News

Article (news)

EXTRA JUDICIAL KILLINGS

Carmelle Lacuata

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/175086161572020240501-dambana-paghilom-MT-15.jpg" style="width:960px" class="fr-fic fr-dib" alt="Family and relatives join the inurnment rites of victims of extrajudicial killings linked to the drug war of former President Rodrigo Duterte at the Dambana ng Paghilom in La Loma Cemetery in Caloocan City on Wednesday, May 1, 2024. Maria Tan, ABS-CBN News/File"/><span class="fr-inner" style="text-align:left">Family and relatives join the inurnment rites of victims of extrajudicial killings linked to the drug war of former President Rodrigo Duterte at the Dambana ng Paghilom in La Loma Cemetery in Caloocan City on Wednesday, May 1, 2024. <em>Maria Tan, ABS-CBN News/File</em></span></span></span></div><p>MANILA (<strong>UPDATED</strong>) — The Office of Public Counsel for Victims of the International Criminal Court on Wednesday expressed its opposition to the request of former Philippine president Rodrigo Duterte for his interim release from detention.</p><p>In its <a class="fr-green fr-strong" href="https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180be6b1d.pdf">response</a> filed June 25, the victims’ principal counsel questioned the merits of the defense’ request for interim release for Duterte.</p><p>According to the victims’ principal counsel, the defense did not argue against the allegations of crimes against humanity against Duterte, and therefore, “there are still reasonable grounds to believe that Mr. Duterte has committed crimes that fall within the jurisdiction of the Court.”</p><div><br/></div><div><strong>‘BIGGER INCENTIVE TO FLEE’</strong></div><p>In response to the defense’s claim that Duterte will not abscond, the principal counsel argued that there is no need to show concrete circumstances demonstrating that the risk of flight is particularly likely, as stated in article 58(1)(b)(i) of the Rome Statute.</p><p>The principal counsel also noted that since there is no doubt for the charges against Duterte, which was the basis of the Warrant of Arrest issued against him, and his alleged criminal responsibility “are multiple and of extreme gravity”, he has a “bigger incentive to flee and abscond”, which is why there is more reason for the Court to ensure his continued detention.</p><p>The principal counsel likewise noted that Duterte already had access to a large amount of evidence, “which poses a risk for the security and well-being of said individuals”, and is a “relevant factor in weighing the likelihood of personal appearance or of the risk of flight ‘due to its resulting in enhancing the degree of knowledge of the Prosecutor’s case.”</p><p>Duterte’s personal commitment should also be afforded little weight, since he considered his arrest illegal, and does not recognize the jurisdiction of the ICC over the Philippines, “even threatening to arrest ICC officials”.</p><p>According to the principal counsel Duterte’s political position and international contacts, as well as his financial situation should also be considered as “relevant factors in determining the risk of flight”.</p><p>Finally, the principal counsel argued that Duterte continues to wield considerable power, as he has been re-elected as mayor of Davao City “where crimes are alleged to have taken place, and retains strong influence over his (former and current) subordinates.”</p><p>It was also emphasized by the principal counsel that Duterte’s family members hold high public positions, including his daughter, Vice President Sara Duterte, his youngest son Sebastian, who was elected as Davao City vice mayor, and his eldest son Paolo who was reelected as a member of the House of Representatives.</p><p>“The Duterte family has an undeniable continued influence in the Philippines, with strong supporters who are repeatedly calling for Mr Duterte’s liberation, including in the numerous demonstrations in The Hague. These factors, in the Principal Counsel’s view, make it more likely that the Suspect might abscond if released, even with conditions,” it said.</p><p>“Therefore, there would be a tangible risk that Mr Duterte, if released, even with conditions, would not return to appear at trial in the event that the charges against him are confirmed,” it added.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/3/12/palace-rejects-sara-duterte-s-state-kidnapping-claim-in-dad-rodrigo-s-arrest-1325">READ: Palace rejects Sara Duterte&#x27;s &#x27;state kidnapping&#x27; claim in dad Rodrigo’s arrest</a></div><div><br/></div><div><strong>INTERFERENCE IN COURT PROCEEDINGS</strong></div><p>The victims&#x27; principal counsel likewise argued that Duterte’s continued detention is necessary to ensure that he does not obstruct or endanger the Court’s proceeding, and that non-interference in with witnesses “is not meant to be accorded any merit”.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/6/24/icc-prosecutor-opposes-duterte-s-request-for-interim-release-1649">READ: ICC prosecutor opposes Duterte’s request for interim release</a></div><p>“Contrary to the Defense&#x27;s arguments, there is no need to examine if the Suspect has actually taken steps to obstruct or endanger the current proceedings. Additionally, the fact that Mr. Duterte has not attempted to interfere with any witness so far does not mean per se that he might not wish to do so, if the opportunity arises, given in particular that he now knows the identities of several Prosecution’s witnesses, as well as the content of their expected testimony,” it added.</p><p>The principal counsel also cited Duterte’s previous public statements attacking both the Court and its legitimacy.</p><p>“After his arrest, as underlined by the Prosecution in its Response, he (and his family) continues to negate the Court’s legitimacy. Said statements and behaviour should be taken into consideration as a risk that Mr Duterte could obstruct or endanger the proceedings,” it added.</p><div><br/></div><div><strong>‘DUTERTE, IF RELEASED, MAY ENDANGER VICTIMS’</strong></div><p>Finally, the victims’ principal counsel highlighted that Duterte’s interim release, if granted, will endanger victims.</p><p>“The release of Mr Duterte will not only be a great destabilizing factor to the volatile security situation in the country as a whole, but will pose a direct and significant danger to the victims who have demonstrated courage in applying to participate in the present proceedings in order to contribute to the search for the truth, despite risks of being threatened or otherwise stigmatized,” it said.</p><p>The principal counsel also argued that Duterte’s interim release, if granted, would be hard to fathom for the victims “who have clearly expressed the view that he should remain in detention at the Court” pending the pre-trial proceedings.</p><p>“For the victims, this is the only way of ensuring that he will face trial. Indeed, victims are extremely concerned with the prospect that Mr Duterte could be released, particularly because there is a real risk that they face threats from the Suspect and his supporters,” it added.</p><p>The Office of the Prosecutor of the ICC earlier also expressed its opposition to Duterte’s request for interim release.</p><p>The Philippines’ Department of Justice has <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/6/25/doj-confirms-cooperation-with-icc-offers-to-fly-drug-war-witnesses-to-the-hague-1447">expressed its willingness to assist the ICC</a> in securing witnesses in Duterte’s case.</p><p>Nicholas Kaufman, Duterte&#x27;s defense lawyer, <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/6/12/interim-release-from-icc-sought-for-detained-duterte-0055">wrote in their request for an interim release on June 12</a> that the 80-year-old Duterte was not a flight risk, would not imperil proceedings if released, would not continue to commit crimes, and his advanced age should be considered.</p><p>The government of an unspecified nation, Kaufman added, had expressed to them its &quot;advance and principled agreement&quot; to receive Duterte onto its territory during his interim release. </p><p>He had also claimed that &quot;since the Chief Prosecutor&#x27;s leave of absence, the Prosecution has confirmed its non-opposition&quot; to the interim release.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/6/25/defense-changed-proposed-country-in-request-for-duterte-s-interim-release-lawyer-1007" rel="noopener noreferrer" target="_blank">READ: Defense changed proposed country in request for Duterte’s interim release: lawyer</a></div><p>The ICC <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/6/10/icc-rejects-motion-of-duterte-to-disqualify-2-judges-2236">had rejected an application by Duterte to disqualify the two judges</a> hearing the jurisdiction issue in his case before the Hague-based tribunal.</p><p>In a decision dated June 9, 2025, signed by Judge Tomoko Akane, the court said its plenary of judges received an application filed by Duterte requesting that Judge Alapini-Gansou and Judge Flores be disqualified from adjudicating the &quot;Defence Challenge with Respect to Jurisdiction.&quot;</p><p>Duterte was arrested on March 11  on his arrival from Hong Kong at the request of the International Criminal Court (ICC) as part of its probe into his &quot;war on drugs&quot; that defined his presidency.</p><p>The ICC warrant for Duterte&#x27;s arrest said that as president, he allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.</p><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div><strong><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/qXBleBgGKkA?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>The Office of Public Counsel for Victims of the International Criminal Court on Wednesday expressed its opposition to the request of former Philippine president Rodrigo Duterte for his interim release from detention.</p>

The Office of Public Counsel for Victims of the International Criminal Court on Wednesday expressed its opposition to the request of former Philippine president Rodrigo Duterte for his interim release from detention.

ICC’s principal counsel for victims opposes Duterte’s interim release plea

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ICC’s principal counsel for victims opposes Duterte’s interim release plea

Rose Carmelle Lacuata,

ABS-CBN News

Published Jun 25, 2025 10:27 PM PHT

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Updated Jun 26, 2025 02:10 AM PHT

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Rodrigo Duterte

International Criminal Court

ICC

Office of the Public Counsel for Victims

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