Philippine Senate urges ICC: Consider house arrest for Duterte on humanitarian grounds

Dubai: The Philippine Senate has approved a resolution asking the International Criminal Court (ICC) to place former President Rodrigo Duterte under house arrest, citing his age and medical condition.

Adopted on Wednesday, October 1, Senate Resolution No. 144 consolidated earlier measures from both the majority and minority blocs. It passed with 15 votes in favour, three against, and two abstentions.

The resolution signed by Senate Majority Leader Juan Miguel Zubiri and Senate Minority Leader Alan Peter Cayetano asks the ICC to assign a medical professional to examine Duterte and determine whether detention would aggravate his health problems. If so, it suggests that house arrest be allowed while he faces trial for alleged crimes against humanity linked to the bloody 'war on drugs.'

In sponsoring the measure, Cayetano said the appeal was meant to extend humanitarian consideration. 'One thing that I don’t want to do is to see the former president suffer as if it is a punishment when he has not been convicted,' he told colleagues, adding that Duterte should be given access to proper medical care and family support.

Cayetano also warned of the consequences if Duterte’s health were to deteriorate in detention, saying, 'I cannot imagine what the country will do if something happens with him in the detention center and we did nothing.'

Those who opposed the measure were Senators Risa Hontiveros, Kiko Pangilinan, and Bam Aquino. Senate President Tito Sotto and Senator Raffy Tulfo abstained.

Voting in favour were Senators Zubiri, Marcoleta, Imee Marcos, Alan Cayetano, Robin Padilla, Ronald dela Rosa, Joel Villanueva, Jinggoy Estrada, Bong Go, Sherwin Gatchalian, JV Ejercito, Loren Legarda, Panfilo Lacson, Erwin Tulfo, and Cynthia Villar.

The resolution was quickly criticized by Kristina Conti, counsel for families of drug war victims. In a Facebook post, Conti said the move could be seen as political interference rather than a valid legal argument.

'The ICC Pre-Trial Chamber will only decide on the basis of fact and law,' she said, noting that Duterte’s defense team already has pending requests for adjournment and interim release on medical grounds.

Conti also warned that the Senate’s move may backfire, since the ICC could view it as evidence of Duterte’s continuing political influence, the very reason, she argued, that victims oppose his release.