Non-cooperation with ICC even in possible Duterte interim release - Malacañang

Metro Manila, Philippines – The Philippine government will not cooperate with the International Criminal Court (ICC) even if the court grants former President Rodrigo Duterte interim release.

In a previous interview with NewsWatch Plus, ICC spokesperson Fadi El Abdallah explained that certain conditions must be met before a suspect can apply for interim release.

"It has to be presented to the judges, and the judges will decide if that is possible. In theory, the decision of arrest can only be made if it is necessary to ensure that a person will appear before the chamber or not create problems for the investigations or threaten witnesses, and so on. The chamber must check if these conditions can be mitigated by other measures," Abdallah stated.

He added that the state party in which the suspect might be released must accept the conditions for interim release.

"The state in which this person may be released must agree to implement these measures and to host the current detainee," he added.

In response, Communications Undersecretary Claire Castro said the government would not cooperate with the ICC. She added that any attempt to urge the government to cooperate would even contradict petitions filed by the Duterte family with the Supreme Court.

"With that, does it mean that we have to recognize that ICC has jurisdiction over the Philippines? I believe the family of former President Duterte is asking and praying from the Supreme Court that the government should not cooperate with the ICC. So, it means that if we will not cooperate with the ICC, even that prayer or even that manifestation of the ICC, we will not take cognizance of that," she said.

Castro added that a possible government compliance with the ICC conditions would also open more issues.

"Sasabihin natin na makikipag-cooperate tayo sa ICC pagdating po sa interim release dahil lahat po ng isyu diyan ay mabubuksan. Mabubuksan din po kung magkakaroon ng freeze order sa kaniyang mga assets. Gugustuhin po ba din ng Pamilya Duterte na makipag-cooperate tayo sa ICC para lahat ng kanilang assets, nakatago man o hindi nakatago, ay makikipagtulungan tayo sa ICC para mahagilap lahat ng kanilang assets?” she added.

[Translation: We will say that we will cooperate with the ICC regarding interim release because all the issues there will be opened. It will also open the possibility of a freeze order on his assets. Would the Duterte family want us to cooperate with the ICC so that all their assets, whether hidden or not, will be revealed and we will work with the ICC to find all their assets?]

Duterte is detained at The Hague on 43 charges of crimes against humanity for murder. He will face the ICC chamber again on Sept. 23 for the confirmation of charges.