Palace: Duterte’s Counsel ‘Twisting Facts’ On Interim Release

The lead counsel of former president Rodrigo Duterte is “twisting” facts with his claim that the Marcos administration does not have any objection to his release from detention in The Hague where he is awaiting trial for crimes against humanity for the deaths of thousands in his so-called war on drugs.

Presidential Communications Undersecretary Claire Castro issued the clarification on Saturday, Sept. 27, as she accused Duterte’s lawyer Nicholas Kaufman of having “mastered the art of twisting some facts.”

She said the Marcos administration is not privy to developments in Duterte’s legal case before the International Criminal Court (ICC), particularly his request for interim release. 

“He had done this action before when he asserted that the ICC prosecutor had no objection with former president Duterte’s request for interim release. However, after the ICC prosecutor filed an opposition, it was revealed to be his false allegation,” the Palace press officer said in a text message, referring to Kaufman. 

Castro, nevertheless, said the administration would still respect whatever decision the ICC would make as part of the legal process.  

She issued the statement after Kaufman told the ICC that the possibility of interim release for Durerte is “now contemplated without objection” by the Philippine government, which surrendered the former president to the tribunal.  

Duterte’s counsel cited Castro’s remark at a press briefing last Wednesday, Sept. 24, in response to a query about Vice President Sara Duterte’s claim that a third country had already agreed to host her father. 

In a separate filing, Kaufman said the former president should be allowed to leave his detention facility while proceedings on his fitness are underway.

The defense had argued that Duterte is not fit to stand trial due to his supposed deteriorating condition.

“Interim release will not, in any way, affect or hinder the proceedings on fitness or of the case more generally,” Kaufman claimed.

“Mr. Duterte’s release while litigation on fitness is underway would ensure a proper balance between a suspect’s rights under the Statute while respecting the efficiency and integrity of the proceedings,” he added.

According to Castro, the Vice President’s constant trips may have already bore fruit and that the Marcos administration would accept whatever decision the ICC would make. The four-page document citing Castro’s statement was sent to the ICC last Sept. 26. 

Also last Wednesday, Castro reiterated that the Philippine government is not involved in the processes of the ICC. According to the Palace press official, the prosecutors and witnesses should just be allowed to perform their roles. 

Accident?

Sara Duterte again lashed out at the Marcos administration for reportedly sending “government agents” to “surreptitiously” conduct welfare check on her detained father. 

“The Philippine government’s admission that a so-called welfare check was surreptitiously conducted confirms that the International Criminal Court (ICC) has allowed agents of the government that abducted former president Rodrigo Roa Duterte to intrude upon him and exploit his frail and compromised health,” Duterte said.

Duterte dubbed the action of the government as “nothing less than an abuse of power against a vulnerable individual.”

She added that credible information received by the family from hospital sources revealed that former president Duterte had to be subjected to laboratory tests after being found unconscious on the floor of his room. 

“The family was not informed of the accident and no explanation was given. These alarming developments raise grave concerns about the capacity of the ICC to guarantee the security and safety of FPRRD,” Sara said, referring to her father by his initials. 

“Even the most basic care for the complaint of an ingrown toenail – easily treatable – cannot be done swiftly,” she added.

Duterte added that the ICC “has persistently ignored the clear need for a 24-hour bedside caregiver.”

“The continued detention of former president Duterte under such troubling conditions is not only unjust but inhumane. It amounts to punishment without having been convicted of any crime,” she added. 

According to Duterte, if the ICC is to remain true to its mandate as a court of justice, it cannot turn a blind eye to the health and wellness condition of the former president.

“To deprive an elderly man – abducted, denied his rights under Philippine law and subjected to surveillance disguised as welfare checks – of basic dignity and proper care is not justice. This is cruelty,” Duterte said. 

The Vice President maintained that the former president is not a flight risk, has never threatened witnesses or complainants and has no intent to assume the office of mayor. – With additional reports from Janvic Mateo and Bella Cariaso