DAVAO CITY,Philippines – The request of former President and Davao mayor-elect Rodrigo Duterte for his interim release from detention in The Hague poses risks for witnesses on his trial at the International Criminal Court (ICC), says human rights group Karapatan Southern Mindanao.
Duterte has been detained following his arrest on March 12 to stand trial for crimes against humanity in his war on drugs campaign that killed 30,000 people according to human rights groups.
Some of the victims’ families will stand as witnesses for the trial.
Duterte’s lawyer, Nicolas Kaufman, filed a petition to the ICC a few weeks ago for his client’s temporary release to a host country, citing that the former president does not hold much influence in the country. Kaufman said Duterte has assured through the petition that he will not flee from the trial and hinder the proceedings.
However, Karapatan believes that this will not be the case. “Even with such documents presented (to the ICC), that is not enough to assure the safety of the witnesses, the safety of the victims,” said Grecian Asoy, spokesperson of Karapatan Southern Mindanao.
Due to the disproportion of the Dutertes’ wealth and power compared to the victims who are mostly poor, Karapatan SMR says they fear for the witnesses’ safety is still there despite the assurance.
Lawyers of the victims’ families said some of their clients have experienced harassment online due to the pursuit of the case against Duterte.
“They (Duterte bloc) have the power, they have the money, they have the machinery, they have their allies. They could plan. They could meet. They could make things happen even beyond those documents,” Asoy added.
The group also debunked the statement of Vice President Sara Duterte, who appealed for her father’s release by citing his advance age at 80, saying that Duterte is the first person of such age to be detained by the ICC.
“If that were truly the issue, an interim release is neither the right nor immediate solution,” Asoy said, as she pointed out the ICC has international standards and mechanisms that also protect the rights and welfare of its detainees.
Karapatan SMR said Duterte’ request as “pure drama” to evade accountability for his crimes, saying that if approved, it would equate to granting undeserved special treatment for a murderer.
“His detention at The Hague is no less than reasonable and justified, for a criminal and murderer like him who enjoys rights to due process and humane treatment,” Karapatan stated.
The ICC, an international tribune formed in 2002, has currently detained six world leaders who are charged of crimes ranging from genocide, war crimes and crimes against humanity.
“He has human rights there. His family can visit him. Even though there are limitations, they can talk to him,” Asoy explained. “His jail condition is actually so far from the jail system or jail condition here in the Philippines.”
Various human rights and lawyers group expressed the same position on opposing Duterte’s interim release.
The International Association of Democratic Lawyers (IADL) said in a statement that “while interim release mechanisms serve important human rights purposes, they must not supersede ensuring accountability of individuals accused of very serious crimes against humanity.”
“The IADL believes that accountability must prevail…In contrast to the lack of due process in Duterte’s war on drugs, his charges in the ICC require a full, unhindered judicial process. To grant him interim release now threatens or intimidates victims, their families, witnesses and lawyers,” the group added.(davaotoday.com)
duterte, EJK, ICC
