Joselito Malig

Article (news)

RG Cruz

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/17537150385581753715037813.jpeg" class="fr-fic fr-dib" alt="Nicholas Kaufman, the lawyer of former president Rodrigo Duterte in his International Criminal Court case. ICC-CPI/file"/><span class="fr-inner" style="text-align:left">Nicholas Kaufman, the lawyer of former president Rodrigo Duterte in his International Criminal Court case. <em>ICC-CPI/file</em></span></span></span></div><p>MANILA - The lawyer of Rodrigo Duterte said they have obtained essential information they need in their bid for the former leader&#x27;s interim release from the International Criminal Court. </p><p>&quot;We have received some of the information which increases our belief in the correct nature of our argument and the need for this information. There are still further procedures that need to be done and further information that needs to be received in order to complete the process. I know it sounds very cryptic, but trust me, we need this information, we&#x27;re doing our utmost,&quot; Nicholas Kaufman told ABS-CBN News in an exclusive interview.</p><p>Kaufman, however, gave little details on the information, as he explained a past decision to ask the ICC to delay a decision on their interim release bid.</p><p>&quot;Now, there&#x27;s another issue which I do want to touch on because everybody realizes that we&#x27;ve asked presently to suspend interim release. And the reason for that is because we&#x27;re entitled to receive all information relevant to argue our case. And we&#x27;ve been arguing for more than a month. This has been the subject of litigation and you will have seen it in the public filings. We&#x27;ve been arguing for more than a month for access to information, which is crucial, essential for our interim release application. We don&#x27;t want to make a half-hearted application for interim release,” he said.</p><p>Kaufman said they were in the past denied access to information crucial to their bid.</p><p>&quot;If you&#x27;ve been following the court you will know that in what are called atrocity crimes which is basically article 5 crimes against humanity or war crimes, people are never released at the International Criminal Court,&quot; he said. &quot;We hope that the judges will accept uh our arguments on interim release.</p><p>Kaufman said no decision on their bid is forthcoming at the moment.</p><p>He added explained that the matter of interim release can run parallel to the confirmation of charges hearing in September.</p><p>&quot;It can run parallel, it can be decided at any time, and it might become even a stronger argument after the confirmation process if certain charges are not confirmed,&quot; he said.</p><p>Kaufman also explained interim release and what factors the court usually considers in deciding it.</p><p>&quot;Well, it&#x27;s called interim release because it means you&#x27;re released until trial or released until the judges should decide otherwise. It&#x27;s a right of every suspect to be released because every suspect until proven guilty is in fact innocent.&quot;</p><p>&quot;However, on the basis of the reasonable ground standard, there are certain factors which the judges of the court will argue militate against interim release,” Kaufman added.</p><p>&quot;And there are three recognized risk factors. Those factors are, first of all, the risk of flight, secondly, the risk of interference with witnesses and evidence, and thirdly, the risk of continuing to commit crimes.”</p><p>Kaufman claimed that these are &quot;neutralized&quot; in Duterte&#x27;s case.</p><p>&quot;Now, obviously, being in prison, no longer being in a position of power, no longer having access to the instruments of power, the former president has absolutely no means to commit crimes. Not that he ever committed crimes, because we believe that he was innocent anyway.&quot;</p><p>&quot;But regarding the risk of flight, well, he&#x27;s 80 years old. He&#x27;s tired. He&#x27;s not going anywhere. He&#x27;s probably one of the most famous people on the planet. It would be impossible for him to flee, for him to hide anywhere,” Kaufaman added.</p><p>&quot;And as for the risk of threatening witnesses, well, we have strong grounds to argue that that would never take place anyway. And let&#x27;s face it, there have been Senate hearings where people have come, they&#x27;ve made these allegations in the past against the former president, and absolutely nothing has happened to them. So there&#x27;s no concrete risk whatsoever of a threat to witnesses,” he said.</p><div><br/></div><div><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/x50gOdgHhRE??si=Z23vG78fMX5B3cGc&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><strong>ICC PROSECUTOR OPPOSING DUTERTE RELEASE</strong></div><p>Duterte was arrested on March 11  on his arrival from Hong Kong at the request of 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, the 80-year-old Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.</p><p>He was brought to The Hague in the Netherlands on the same day he was arrested.</p><p>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. </p><p>The Office of the Prosecutor of the ICC is opposing the request of Duterte for his interim release from detention.</p><p>In its response to the ICC filed June 23, the prosecution enumerated several reasons for ICC judges to reject Duterte&#x27;s appeal for interim release.</p><p>Duterte&#x27;s continued detention at The Hague in the Netherlands for alleged crimes against humanity is necessary to ensure his appearance at trial, the prosecution said, noting that he &quot;does not accept the legitimacy of the legal proceedings against him.&quot;</p><p>It said that Duterte&#x27;s political position and international contacts, as well as his financial situation and resources, &quot;may be a factor that would enable them to abscond.&quot;</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/24/icc-prosecutor-opposes-duterte-s-request-for-interim-release-1649">ICC prosecutor opposes Duterte’s request for interim release</a></div><div><strong>NEED FOR HOST STATE </strong></div><p>Kaufman, meanwhile, said that in order for someone to be released at the ICC, there is a need for a host state to receive him, and they have undergone negotiations for that matter.</p><p>He added there was a past agreement for interim release that was &quot;frustrated&quot;.</p><p>&quot;We have another state which is currently contemplated by the court and by the prosecution. The prosecution object, and it&#x27;s for the judges to decide,&quot; he said.</p><p>Kaufman also explained that Duterte could theoretically come back to the Philippines under an interim release if the Philippine government agrees along with the prosecution and the judges.</p><p>&quot;Well, I&#x27;m not going to talk about active options or non-active options because that would basically be entering into a territory which I&#x27;m not allowed to enter into, pursuant to the dictates of the judges. As I said, the interim release applications and the receiving states are, as a rule, confidential. So I&#x27;m not going to comment one way or the other. I&#x27;m just saying that the possibility, theoretical or not, exists for someone to be released, interim released, to the country from where he comes and from where the crimes allegedly were committed. As I said, allegedly were committed,” he said.</p><div><br/></div><div><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??si=T8ugffvJKF_4-Cpa&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>The lawyer of Rodrigo Duterte said the former leader could "theoretically" come back to the Philippines under an interim release if the Philippine government agrees along with the prosecution and the judges.</p>

The lawyer of Rodrigo Duterte said the former leader could "theoretically" come back to the Philippines under an interim release if the Philippine government agrees along with the prosecution and the judges.

Lawyer says Duterte can 'possibly' return to PH in interim release

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Lawyer says Duterte can 'possibly' return to PH in interim release

RG Cruz,

ABS-CBN News

Published Jul 28, 2025 10:59 PM PHT

|

Updated Jul 28, 2025 11:37 PM PHT

Read More:

Rodrigo Duterte

Nicholas Kaufman

ICC

International Criminal Court

interim release

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