Defense Legal Team Plans Dutch Law for Duterte
Vice President Sara Duterte revealed the defense legal team’s strategy to use a Dutch law for the temporary release of her father, former President Rodrigo Duterte, from detention at the International Criminal Court (ICC). This plan aims to secure his interim freedom while his case is ongoing.
Speaking to reporters on June 3 outside Scheveningen Prison in The Hague, Netherlands, where she visited her father with her mother, Elizabeth Zimmerman, the Vice President discussed their legal approach. She said, “And then one of the discussions as well was your suggestions, spokes, no? To go through the Dutch laws. Which he said, okay, you explore that.” This referred to former presidential spokesman Harry Roque, who suggested this option and was present during the interview.
Legal Steps and Jurisdiction Challenge
Sara Duterte also confirmed that their legal team plans to question the ICC’s jurisdiction over the case against the former president. Additionally, they are considering a provision in the Rome Statute that allows for interim release. “Kung ano yung alam na ng lahat, yun lang din yung sinasabi namin para wala kaming ano,” she said, stressing that their disclosures are limited to what is already public knowledge.
The former president’s lawyers had earlier formally challenged the ICC’s authority concerning his arrest over alleged crimes against humanity linked to his administration’s war on drugs. The ICC’s Pre-Trial Chamber I has yet to rule on this jurisdictional challenge, which the prosecution has contested.
Interim Release Conditions and Online Handling
Duterte’s lead counsel, Nicholas Kaufman, previously mentioned plans to apply for an interim release, though the timing remains undisclosed. For an interim release to be granted, ICC judges consider three key factors: no flight risk, no interference with witnesses or evidence, and no continuation of the alleged crimes.
The Vice President also suggested that while she returns to the Philippines, legal proceedings related to the Dutch law could be handled online. She explained, “And then sabi ko, I can do that while I’m back in the Philippines, na online na lang yung pag-aasikaso.”
For more news and updates on former President Rodrigo Duterte’s ICC case, visit Filipinokami.com.