The counsel of former President Rodrigo Duterte has petitioned the International Criminal Court (ICC) to grant the former Philippine leader interim release to an undisclosed country due to humanitarian reasons.
In a 16-page petition dated June 12, Duterte's lead counsel Nicholas Kaufman told the ICC's pre-trial chamber that a third country has ''expressed to the Defence its advance and principled agreement to receive Mr. Duterte onto its territory for the term of his interim release and will act, in accordance with its domestic law, to implement such conditions as deemed appropriate by Pre-Trial Chamber 1''.
The petition also stated that discussions on Duterte's interim release commenced between Kaufman and the ICC Chief Prosecutor immediately after Duterte's initial court appearance for the confirmation of charges against him on March 14.
News reports, quoting ICC-accredited lawyer Joel Butuyan, said that based on past cases Belgium could be one of these countries.
The defense also argued that the prosecution did not oppose the interim release request, and that such non-opposition indicated the acceptance of the risks outlined under Article 58 (1)b) of the Rome Statute about being a flight risk, and that Duterte will not violate the terms of his release.
"Mr. Duterte is not a flight risk, and custody is not necessary to ensure his appearance before the Court... there is more than good reason to believe that Mr. Duterte would not embarrass his hosts, and the hospitality afforded him, by violating the terms of his release"
Article 60(2) of the Rome Statute stated that a person subject to a warrant of arrest may apply for interim release pending trial.
Duterte's counsel als assured that his interim release will not impede proceedings due to the case not yet reaching an advanced stage of disclosure, and that the former president agreed to refrain from public engagements, communications with persons outside his family, and using the internet and other electronic devices.
The former president has been detained in The Hague, Netherlands since March 12 after he was surrendered by the Philippine government to the ICC on alleged crimes against humanity in relation to his administration's war on drugs. Velle White/DMS