defers

The International Criminal Court (ICC) has acknowledged a request for interim release filed by the defense for former Philippine President Rodrigo Duterte. The court stated that it will consider the request, but only after the defense has undertaken further actions and the chamber deems it appropriate.

This development aligns with Article 60(2) of the Rome Statute, which permits individuals subject to ICC arrest warrants to seek provisional release while awaiting trial. Though, the statute mandates that such requests must be initiated by the accused and supported by sufficient justification for release.The ICC emphasized that its current decision does not pre-empt any future rulings on the merits of Duterte’s interim release request.

A partially redacted document, filed by Duterte’s counsel Nicholas Kaufman on July 14, indicates that the defense is seeking a delay in the Pre-Trial Chamber’s ruling. This delay is requested to allow for the review of certain materials that are currently not publicly available. The defense argues that these materials are crucial for a comprehensive assessment of the case.

The filing states that the defense has encountered difficulties in obtaining specific data, describing the process as “slow-walked and stymied” over a period of more then two months.

Previously,Kaufman had submitted an urgent plea for Duterte’s release to an unspecified country that has reportedly agreed to host the former president if the ICC grants the request. The identity of this country remains redacted in the publicly accessible version of the filing.

Duterte’s legal team contends that he does not meet any of the criteria outlined in Article 58(1)(b) of the Rome Statute that would justify his continued pre-trial detention. Kaufman asserted that Duterte poses no flight risk and that his arrest is not necessary to safeguard the integrity of the investigation or prevent further criminal acts. Consequently, the defense argues for his immediate release from ICC custody.

Rodrigo Duterte is facing charges of crimes against humanity related to alleged extrajudicial killings during his administration’s “war on drugs,” as well as during his time as mayor of Davao City. the ICC’s investigation is focused on state policies that allegedly facilitated widespread killings without due process.As of now, Duterte remains in ICC custody awaiting trial. The court has not provided a timeframe for a decision on his interim release request.