Duterte ‘interim release’ from ICC detention? Third country willing to take him, says son

Manila: Former President Rodrigo Duterte, 80, has formally requested an “interim release” from the International Criminal Court (ICC) detention facility in The Hague.

Humanitarian appeal

The controversial Philippine leader, accused of crimes against humanity for alleged mass killings during his six-year “drug war”, is seeking temporary freedom on humanitarian grounds.

Duterte won as Mayor of Davao in the May 12 elections while he was in ICC detention in the Netherlands.

His “war on drugs” elimated an estimated 12,000 to 30,000 victims, mostly through extra-judicial killings.

The Philippines abolished the death penalty in 2006.

Under Duterte's watch, his tough talk and state-sponsored strongman tactics generated an unprecedented level of violence seen within the first few months of his six-year term as chief executive.

He is also accused or orchestrating trumped-up drug charges against Laila de Lima, a former senator and justice minister who had spent a decade investigating "death squad" killings allegedly orchestrated by Duterte until she was arrested in 2017.

De Lima spent nearly seven years in prison, but all state witnesses had since recanted their allegations against her.

Duterte’s son, Congressman Paolo Duterte, revealed that a “third country” had already offered to host his father if the ICC grants the request.

He did not mention the country.

“May I remind 1Sambayanan that numerous countries have in fact lauded FPRRD [Former President Rodrigo Roa Duterte] in his crusade to combat crime in our country, and I would not be surprised if many will express interest in receiving FPRRD in their respective country,” Paolo said.

He made the statement in response to opposition coalition 1Sambayan, which urged other nations to reject Duterte if he is granted temporary liberty.

“We received news on another supposed group of people who call themselves 1sambayanan (sic), warning countries who will receive our former President Rody Duterte should his appeal for an interim release be approved,” Paolo Duterte added.

What Duterte’s lawyer said

Duterte’s legal counsel, international human rights lawyer Nicholas Kaufman, emphasised in his appeal that his client “is no longer the President of the Philippines, and does not command the same influence or power he is said to have abused during the period of the alleged crimes.”

Kaufman further stated that a third country had “already expressed its advance and principled agreement to receive Mr. Duterte onto its territory.”

1Sambayan condemns attempt for interim release

However, 1Sambayan (a group founded by former Supreme Court Associate Justice Antonio Carpio) strongly condemned the attempt to seek interim release.

“The reported attempt by former President Rodrigo Duterte (also known as Du30) to secure interim release from ICC detention is a profound insult to the Filipino people and a blatant disregard for the victims of his regime’s brutal human rights abuses,” 1Sambayan said in a June 14 statement.

“Any nation considering hosting Duterte under interim release must seriously consider the implications of such a decision. Granting refuge to a figure accused of such grave crimes would not only undermine the integrity of the ICC process but would also send a dangerous message… that impunity is attainable,” the group warned.

Paolo Duterte, however, dismissed the group’s objections as hypocritical.

“First of all, a citizen of this Republic had been kidnapped by his fellow Filipinos and never did we hear anything from this group. Neither did we hear anything from them when drug lords and NPA insurgents terrorised our fellow Filipino citizens. It is quite interesting now that these people would go on great lengths to warn states from receiving our very own president,” he said.

“The international community is not blind with what is happening in our country. There is no crime against humanity but a legitimate action of a man who actually had the balls to do what is necessary to save his country from illegal drugs and criminality,” Paolo added.

In his appeal to the ICC, Duterte’s lawyers cited his advanced age, fragile health, and his “clear intention to comply with the conditions of release” as reasons for humanitarian consideration.

“President Duterte is already weak and old. His only dream right now is to return to his country and be with his family,” Paolo said.

“I appeal to my fellow Filipinos… let us continue to pray for FPRRD (former president Rodrigo Roa Duterte) and that he may finally return to his country that he dearly loves and faithfully serves,” he added.

Background on ICC Charges

Duterte’s leadership of the Philippines from 2016 to 2022 was marked by a brutal “war on drugs”. While some hailed him as tough on crime, human rights groups and international observers expressed alarm over thousands of suspected drug offenders killed without due process.

One of the most prominent incidents was the 2017 death of 17-year-old Kian delos Santos, who was shot by police despite video footage showing him pleading for his life. 

Days later, the bodies of 19-year-old Carl Arnaiz and 14-year-old Reynaldo “Kulot” de Guzman were discovered under suspicious circumstances, further intensifying scrutiny of Duterte’s anti-drug operations, including the notorious Oplan Tokhang.

These killings, and others like them, became the foundation for the ICC’s probe into Duterte’s alleged crimes against humanity.

1Sambayan and other civic groups argue that allowing Duterte to walk free would tarnish the integrity of international justice and betray the victims’ families.

As the world awaits the ICC’s decision on Duterte’s interim release request, the question on which country would be willing to host Duterte remains.

Duterte’s presidency came one of the most polarizing leaders in recent Philippine history?

Timeline of Duterte’s ICC Case and Arrest