“Age and health, while relevant, cannot outweigh the rights of victims to see the process of justice carried to its end. The facilities of the ICC, the conditions of which are vastly superior to those in Philippine prisons, can guarantee the humane treatment of Duterte while he is detained.”

MANILA – A mix of rage, fear and many questions. This was how families of the victims of former president Rodrigo Duterte’s so-called war on drugs reacted upon hearing the news of the latter’s appeal of interim release to the International Criminal Court (ICC) Pre-Trial Chamber.

The Rise Up for Life and for Rights said that the families of the victims are anxious of the news as it now becomes possible for Duterte, the main suspect in the killing of their loved ones, to be temporarily released from the ICC detention center in The Hague, The Netherlands. 

“After a long period of investigation by the ICC into the former president’s case of crimes against humanity, the bereaved families remain ‘imprisoned’ for life by grief, anger, and poverty. These feelings are difficult to set aside. Justice is what will bring a sense of resolution to the families of the victims,” Rise Up for Life and for Rights said in a statement. 

On June 12, Duterte’s lawyer Nicholas Kaufman asked the ICC to allow his interim release to an undisclosed country. The request also said that discussions on interim release commenced between the Counsel and the Chief Prosecutor, immediately after the initial appearance of Duterte. 

The appeal stated, “Since then, and since the Chief Prosecutor’s leave of absence, the Prosecution has confirmed its non-opposition to interim release” as long as the conditions would be met. 

For the families of the victims, the appeal for interim release is dangerous as it poses a high probability that the Duterte family will use it as an opportunity to speak publicly, both inside and outside the country, to evade accountability. 

“This is part of their effort to help Duterte escape responsibility for his crimes against humanity. The families are hoping that Duterte’s interim release will not be granted. Fighting for justice for 10 years will be wasted if Duterte would be released,” the families under the Rise Up for Life and for Rights said in Filipino. 

They said that if Duterte is temporarily released, it becomes possible to maneuver, intimidate, and harass the families who are only seeking justice.

‘Special treatment for a fascist’

Human rights group Karapatan opposed the motion of the Duterte camp. “Granting the motion would send a dangerous signal that fascists like him are afforded special treatment, while vulnerabilities to reprisal against victims and their families as well as witnesses are increased, as the political infrastructure of the Dutertes remains in place,” the group said in a statement.

Karapatan stressed that “allowing an interim release is an outrageous subversion of what steps have been taken to seek justice for the tens of thousands of victims of his bloody anti-drug war and brutal war against critics and people.” 

“Whatever reason the Duterte camp may have is an excuse to exploit further whatever relief they want to extract from the ICC. Meanwhile, the victims are being extremely disturbed by the fact that Duterte might still go scot-free, and do what he can when he is released from physical detention,” Karapatan said. 

The National Union of Peoples’ Lawyers (NUPL) said that the claim that Duterte poses no flight risk “ignores the reality of his enduring political network and decades-long ability to evade accountability.” 

“His advanced age is no guarantee of compliance. That he seeks to relocate to a sympathetic, undisclosed host State under conditions shielded from public scrutiny only heightens the risk. A man once referred to as the most powerful official in the Philippines does not suddenly become powerless,” the lawyers group said in a statement. 

In the request, Duterte was said to be not a flight risk and that custody is not necessary to ensure his appearance before the ICC. The motion added that Duterte will not embarrass the host country by violating the terms of his release. 

But for former Bayan Muna Rep. Neri Colmenares who also serves as counsel of the families of victims, Duterte’s track record shows that he has not been truthful and there is no reason to believe him. 

“It has been his track record. He made a lot of promises that did not come true. This is why the ICC should not trust Duterte,” Colmenares was quoted as saying in an interview with Ted Failon and DJ Chacha program. He added that Duterte has the capability to endanger the investigation as well as intimidate the witnesses.

‘Duterte being treated humanely in detention’

Duterte is invoking humanitarian grounds for his interim release as he is already 80 years old. But for NUPL, humanitarian concerns should not outweigh the need for justice especially in cases of crimes against humanity.  

“Age and health, while relevant, cannot outweigh the rights of victims to see the process of justice carried to its end. The facilities of the ICC, the conditions of which are vastly superior to those in Philippine prisons, can guarantee the humane treatment of Duterte while he is detained,” the group said. 

The NUPL explained, “His plea for interim release must also be seen in context. Just this week, the Senate abdicated its constitutional duty to try and decide the impeachment case against Vice President [Sara] Duterte by remanding the articles of impeachment to the House of Representatives. This is the domestic landscape that Duterte’s victims contend with: a political elite that bends constitutional mechanisms to protect its own.”

They added that the Senate’s inaction on the impeachment case only proves what many human rights advocates have long said “that accountability for the highest officials in the Philippines is not only elusive, but also systematically obstructed.”  

The Rise Up for Life and for Rights stressed that the families who bravely stood up and spoke for their killed loved ones should be protected. “They have gone through the most difficult times and are still facing the same to this day. What they are only asking for is justice,” the group said in FIlipino. 

The NUPL urged the Pre-Trial Chamber to listen, not just to the legal arguments, but to the victims who are still waiting for justice. “Unlike Duterte, his victims were never granted temporary relief—they were killed in alleys, labeled as ‘resisting arrest,’ and denied their right to due process. There is no strong reason to give special treatment now to the person responsible for these crimes.” (DAA)