Human rights lawyer opposes Duterte’s provisional release
Human rights lawyer Neri Colmenares, known for representing victims of the Duterte administration’s war on drugs, has pledged to strongly oppose former President Duterte’s provisional release from International Criminal Court (ICC) detention. Colmenares made this statement on Friday, June 13, following a request by Duterte’s defense team seeking his provisional release to an undisclosed country willing to host him.
The defense, led by lawyer Nicholas Kaufman, argued that “Mr. Duterte is not a flight risk, and custody is not necessary to ensure his appearance before the Court.” However, Colmenares insisted that the victims have every right to formally oppose this application. “There is still a procedure within the ICC that requires the prosecution to comment and the ICC Pre-Trial Chamber (PTC) to decide on the application for provisional release,” he explained.
Victims’ rights and legal concerns
Colmenares emphasized that victims and their legal representatives can still assert their right to challenge Duterte’s application. They argue that releasing Duterte would breach Article 58 of the Rome Statute, which mandates that a person granted provisional release must appear at trial and must not obstruct or endanger ongoing investigations or court proceedings.
He pointed out the history of threats, harassment, and even killings targeting victims, witnesses, and human rights lawyers, especially after Duterte’s arrest. “Given the long history of threats, harassment, and even killings targeting victims, witnesses, and human rights lawyers, we assert that Duterte’s release will escalate these attacks,” Colmenares warned.
Safety concerns over Duterte’s release
The lawyer strongly urged the ICC not to grant Duterte’s petition, stressing that the safety of those seeking justice should take precedence over the convenience of the accused. “The safety of those seeking justice must be prioritized over the convenience of the accused,” he said.
Colmenares also questioned Duterte’s promise to comply with court orders and appear at trial. “Pres. Duterte knows that if the charges are confirmed and trial takes place, he has no evidence to prove that he is innocent of the EJKs during his term. He knows, he will surely get convicted once trial takes place. So, escape is now an option and he has the resources and the network of support that can facilitate this,” Colmenares explained.
Even Duterte’s own lawyer acknowledged this risk. Kaufman admitted that “the risk of flight cannot be based on the hypothetical because a hypothetical possibility, by its very nature, can never be entirely ruled out,” Colmenares added.
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