DAVAO CITY, Philippines – The International Criminal Court (ICC) Appeals Chamber on Friday November 28 rejected former President Rodrigo Duterte’s appeal for his interim release, affirming the earlier ruling to keep him in custody in The Hague while facing proceedings on the crimes against humanity charges against him.
The decision was livestreamed on the ICC social media and viewed by families of victims of Duterte’s war on drugs in Manila, who erupted in cheers when presiding Judge Luz del Carmen Carranza read the ruling that said they unanimously rejected all three grounds raised by Duterte’s lawyer for the former leader’s release.
The five-panel Appeals Chamber unanimously dismissed all the three grounds raised by Duterte’s lawyer Attorney Nicholas Kaufman: that the pre-trial judges wrongly assessed that Duterte is a flight risk, that state guarantees on Duterte had been wrongly rejected, and that humanitarian considerations for Duterte’s age and health were not fully assessed.
The judges said the defense failed to prove where the court erred in their judgment. It also affirmed earlier assessment that Duterte’s “network of supporters” and his being re-elected as mayor of his hometown Davao City showed the possibility of evading the trial.
Relief for families
The families of those killed in anti-drug operations during Duterte’s presidency welcomed the ruling, calling it a rare moment of progress in a years-long battle against impunity.
“We thank the Appeals Chamber for listening to our cries for justice. Duterte must remain in jail while the case against him is being heard,” said Nay Llore, whose child was killed during the drug war.
Another mother, Nanay Dahlia, said Duterte’s continued detention helps lessen the threats they face.
“Ngayon nga nakakulong siya ay patuloy ang harassment na nararanasan namin at ng aming mga taga-suporta mula sa DDS supporters. Nagpapakalat sila ng mga pekeng impormasyon, binabansagan kaming sinungaling, pamilya ng mga adik at kung ano-ano pang masasakit na salita. Gusto nilang tumigil kami sa paggigiit ng hustisya, (Even now that he is in detention, we and our supporters continue to experience harassment from DDS supporters. They spread false information, call us liars, brand our families as addicts, and hurl all kinds of hurtful insults. They want us to stop fighting for justice),” Dahlia said.
“Kahit paano, makakahinga kami habang nasa piitan si Duterte. Nabawasan kahit kaunti ang aming anxiety dahil sa desisyon ng ICC, (In some way, we can breathe a little easier while Duterte remains in detention. This ICC decision has lessened our anxiety, even just a bit),” she added.
Affirmation
The Union of Peoples’ Lawyers in Mindanao (UPLM) said the rejection of Duterte’s appeal is a “profound relief…a resounding affirmation” and “a crucial and indispensable preliminary victory” for thousands of victims and survivors of the drug war and other alleged crimes against humanity.
“The ruling irrefutably confirms the ICC’s assessment that Mr. Duterte’s continued detention is absolutely necessary to effectively mitigate the manifest and persistent risks he poses to the security of victims and potential witnesses, and to prevent the obstruction of the judicial proceedings he has historically sought to undermine,” the group said.
UPLM added that the Appeals Chamber was correct to dismiss the defense’s bid for temporary release based on health and humanitarian grounds, stressing that “no measure of personal privilege can outweigh the security of the marginalized.”
The ICC has also appointed a team of medical experts to assess the health of the former president to determine if he is fit to stand trial, as earlier Kaufman said Duterte was seen as ‘unfit to stand trial’.
“For the thousands of families who have endured years of unimaginable grief and pervasive impunity, this decision delivers a crucial measure of assurance,” the group said. “No individual, regardless of past office or political power, stands above the scrutiny of international law.”
Reaction from the Dutertes
The Duterte family has released a brief statement saying they have accepted the decision.
“The family accepts the ICC Appeals Chamber’s decision with peaceful hearts. We will continue to work with the defense team on the case and will keep supporting former President Rodrigo Duterte with our daily conversations. We thank everyone who prayed with us today,” the statement said, which was posted on Vice President Sara Duterte’s social media platform.
The brief statement stands in contrast to the reaction of Duterte supporters online, especially among migrants in The Hague who were emotional from the decision. Supporters trolled the ICC Facebook page bashing the judges.
Duterte was arrested on March 11 after a stopover flight from Hong Kong, and was served a warrant from Interpol and flown off to The Hague.
Weaken the aggression
Deaconess Rubylin G. Litao, coordinator of Rise Up for Life and for Rights, hopes the proceedings can proceed and continue to deter the efforts of the Duterte camp and supporters that has been disrupting the country.
“We hope too that this decision will weaken the ferocious aggression of Duterte supporters against those who seek accountability,” she said.
Litao added that amid a growing political crisis, Duterte’s continued detention prevents him and his allies from exploiting national instability to their advantage.
Human rights groups said the ruling highlights the Philippine government’s failure to credibly investigate the thousands of deaths linked to the drug war, despite official insistence that domestic mechanisms are functioning. No high-level official has been prosecuted to date.
With the appeal resolved, the groups hope the ICC can have the “urgency” to move toward the confirmation of charges and potentially issue additional arrest warrants on the co-perpetrators including former police chief Senator Ronaldo ‘Bato’ dela Rosa.
For victims’ families, the ruling reinforces hope.
“Magsa-sampung taon na kaming humihiyaw ng hustisya pero hindi kami mapapagod para sa aming mga mahal sa buhay. Dapat mapanagot si Duterte at mga kasapakat niya sa kanilang mga krimen.”
(“We have been crying out for justice for nearly ten years, but we will never tire of fighting for our loved ones. Duterte and his accomplices must be held accountable for their crimes.”)(davaotoday.com)
