ICC clarifies Duterte still in detention center

(UPDATED) The International Criminal Court (ICC) on Thursday confirmed that former Philippine president Rodrigo Duterte remains under its custody.

 “There is no change in the status of (Mr.) Duterte. He is still in the ICC detention centre,” said ICC spokesperson Fadi El-Abdallah.

 This comes after Vice President Sara Duterte was asked by the media on July 22, on whether the former President was allowed to leave the detention facility on July 21. 

The younger Duterte said she was unsure if she is allowed to respond to the matter and suggested that the question be redirected to defense lead counsel, Nicholas Kaufman.

 “Alam ko yung sagot pero hindi ako maka-comment kasi hindi ko alam kung allowed siya sa... Hindi ko alam kung allowed siya sa aking level. Ang pinakamaayos siguro ay tanungin natin yung lawyer ni dating Pangulong Duterte si Atty. Nicholas Kaufman,” the younger Duterte said.

 ABS-CBN News sent a message to Kaufman but has yet to receive a reply. When asked whether detainees are allowed to leave briefly for reasons such as hospital visits, the ICC spokesperson said it is a private matter.

 “We don’t comment on matters related to their privacy. On matters related to health and wellbeing of all detainees the court takes all necessary measures,” El-Abdallah assured.

A legal counsel for victims meanwhile emphasized that Duterte is presumed to be within legal and physical custody of the ICC since no release has been announced.

 “Hindi po confirmed itong news report na ‘to kaya mahirap pong mag speculate. Bagkus ang gusto ko pong i-emphasize, kung di po yan confirmed, ay ang presumption po ay nasa physical and legal custody po si Mr. Duterte ng ICC po,” said ICC lawyer and CenterLaw Philippines Executive Director, Atty. Gilbert Andres. 

The ICC Pre-trial Chamber I granted on July 23 an urgent request to defer any decision on Duterte’s interim release. This is to allow the defense to assemble all necessary information for the case, which the defense claims, encountered “delays” and “obstacles” according to a heavily redacted submission dated July 14. 

While the prosecution expressed strong opposition, the Chamber decided it best to defer adjudication to ensure a well-informed decision on the matter.

 Andres said they subscribe to the wisdom of the ICC Pre-trial Chamber I and reiterated parts of the decision that reminds the defense of its responsibilities, as a party seeking for interim release. He also emphasized that the ruling does not affect future decisions on Duterte’s actual interim release application.

 “Hindi pa naman ito yung substantive na ruling. Pero gusto ko lang ma-emphasize na talagang ayaw po ng mga biktima ng war on drugs ni Mr. Duterte. Ayaw po nila na ma-release po siya from ICC custody dahil po maselan po ang kanilang seguridad at dahil maimpluwensya pa rin po ang Duterte family,” Andres explained.

 The ICC’s decision on the deferment of the decision on Duterte’s application for interim release will also not affect the schedule for the confirmation of charges hearing, which starts in September 23. Many of the victims are looking forward to this hearing, as they hope that the case will proceed to a proper trial. 

“Matagal na silang nag-antay ano as far as 2016, in fact sa iba po as far as 2011. Kaya talagang they are determined po to pursue the course of justice before the ICC,” Andres said.

 Aside from the pending decision on Duterte’s interim release, there is also no decision yet on the defense’s jurisdictional challenge against the ICC. Meanwhile, the victims’ application for participation in the court’s proceedings is also ongoing. 

The ICC has also yet to announce an official legal representative for all the victims of extrajudicial killings during Duterte’s bloody war on drugs.

Duterte was arrested on March 11  on his arrival from Hong Kong at the request of the ICC as part of its probe into his "war on drugs" that defined his presidency.

The ICC warrant for Duterte's arrest said that as president, the 80-year-old Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.

He was brought to The Hague in the Netherlands on the same day he was arrested.

Duterte on March 14 appeared via video link before ICC judges. He is set to attend a September 23 hearing to confirm the charges against him.