Human rights lawyer says there is ‘strong evidence’ why detained Filipino leader should remain in prison.
The judge will deliver his ruling on Friday, paving the way for the aging politician’s possible provisional freedom – a move strongly opposed by human rights groups and the families of victims of his brutal drug war.
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Duterte’s legal team is appealing an October decision to keep him in custody after judges found he could refuse to return for trial and use his freedom to intimidate witnesses.
ICC prosecutors say Duterte was involved in dozens of killings while in office, first as mayor of a southern city and later as president from 2016 to 2022, as part of his so-called war on drugs.
According to court filings, Duterte directed and authorized violent acts, including assassinations, against alleged criminals, including alleged drug dealers and users.
Estimates of the death toll during Duterte’s presidency vary.
The national police put the figure at more than 6,000, while human rights groups claimed 30,000 killings.
Families of the victims hailed Duterte’s arrest in March. He has been detained in The Hague for more than eight months.
Duarte’s lawyers say he is “infirm and debilitated” and that keeping him in custody pending trial is “cruel”. In September, the court postponed the pre-trial hearing until a full medical evaluation was conducted.
According to his lawyers’ filings, Duterte’s “cognitive abilities” have declined to the point that he cannot assist his lawyers.
However, family members who visited him in custody refuted those statements, saying that he was “doing well” and “very busy”.
In a separate visit, Duterte’s daughter, Vice President Sara Duterte, suggested that his supporters should march to his detention center and conduct a “jailbreak”.
If Duterte is released, he will not return to the Philippines but will be transferred to the custody of another member state while the proceedings continue.
Last month, the judges rejected a challenge to their jurisdiction in the case.
In Manila, Christina Conti, a prominent human rights lawyer representing victims’ families, expressed 99 percent confidence that Duterte’s appeal will be rejected.
“There is strong evidence why he (Duterte) should remain in prison,” Conti said in a statement posted on social media.
He said, “It is important to point out that the defense is not protesting on the reasonable grounds that he has committed crimes against humanity. The basis of the request is physical and mental health.”
“Since the Pre-Trial Chamber has strong and factual legal findings, there is no reason why it should reverse its decision in September and grant him interim release,” Conti stressed, listing several other legal provisions.
ICC prosecutors announced in February 2018 that they would launch a preliminary investigation into the violence that occurred during Duterte’s term in power.
Human rights activists say the move was intended to avoid accountability, a month after Duterte, who was still president, announced that the Philippines was withdrawing its membership from the ICC.
The charges against Duterte date from November 1, 2011, when he was mayor of the southern city of Davao, and March 16, 2019, when his withdrawal from the ICC took effect.
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