For kin and advocates, ICC denial of Duterte’s interim release is a beam of hope
MANILA – The recent decision of the International Criminal Court denying Rodrigo Duterte’s motion for interim release is a beam of hope for the families left behind by the so-called “war on drugs.”
“This is what we have always been anticipating, and at the same time, what we’ve always feared. He hasn’t even been released yet, and there have already been so many attacks against us,” said Llore Pasco in a press conference on Saturday, October 11, a day after the ICC released its decision.
In a 23-page decision, the chamber stated that Duterte’s continued detention is justified on three grounds under the Rome Statute: to secure his presence during trial, to prevent interference with the investigation or court proceedings, and to avert the possible commission of additional crimes.
“This shows us that we are not animals that they can just keep on killing,” Pasco added. “Duterte is an outright liar, and he uses too many strategies to deceive.”
Nicholas Kaufman, Duterte’s lead defense counsel who was previously called out by the families and rights groups for engaging in disinformation, called the ICC’s decision “erroneous,” prompting them to file an appeal.
However, drug war widow Jane Lee said that his statements bear no weight in reality. Her husband, Michael, was killed in May 2017 in vigilante-style.
“I think he has not experienced, seen, or felt what really happened here in the Philippines — the widespread killings because of the war on drugs,” Lee said. “If there’s anyone who should say whether the decision is right or wrong, I believe it should be us, the families of the victims,” Lee said.
Not defenseless, not the victim
In the ICC’s decision, the court noted that the framing of the need for humanitarian consideration over Duterte’s age and alleged ill-health is speculative and without basis, with the Defense failing to substantiate “how detention is so detrimental that it justifies his release.”
The Chamber also noted that Duterte enjoys the right to medical treatment, including access to a qualified medical officer with experience in psychiatry, and a nurse present at the detention center at all times.
“The motion is about his health situation and personally, this ICC decision tells us that he is fit to stand in trial,” said Kristina Conti, ICC assistant to counsel, emphasizing Duterte’s enjoyment of medical services and basic needs.
For Pasco, the argument of Duterte being “cognitively-impared” is another tactic to escape accountability. “The excuse that he supposedly can no longer face trial, that he supposedly forgets what he did — for us, that’s just a tactic and another lie. We will not allow him to be released. This is dangerous for the families of the victims,” she said.
Cristina Palabay, secretary-general of human rights group Karapatan, said that Duterte should not be portrayed as “kawawa” (victim).
“Remember, Duterte is not a defenseless person. His daughter is the Vice President. All his children—even his grandchildren—are government officials,” Palabay said. “And that’s state power. That means he has resources, influence, and connections. So he’s not an ordinary person without connections. And even if he’s out, he’s not a disempowered person.”
Sara Duterte, Duterte’s daughter, is the current vice president in the Philippines and she is the first vice president to be impeached. However, she continues to hold office since the Senate has not ruled any verdict and the articles of impeachment were declared “unconstitutional” by the Supreme Court, despite the people’s clamor for accountability.
Read: Progressives protest SC ruling blocking Sara Duterte impeachment
Moreover, the Duterte family has secured seats in the 2025 midterm elections in their political stronghold in Davao. Duterte himself won the mayoral race, while his sons, Sebastian and Paolo Duterte, won the seats of vice mayor and First District Representative of Davao City.
Two of Duterte’s henchmen—Senator Ronald ‘Bato’ dela Rosa, the former national police chief who oversaw the bloody drug war, and Senator Bong Go, Duterte’s longtime aide and shadow operator for two decades—remain firmly entrenched in power.
A step towards justice
For families, lawyers, and the human rights organizations, the decision is a significant step toward justice.
“The decision affirms the position of the victims and their families that there are just and reasonable grounds to continue to hold Duterte in detention for his crimes against humanity,” said Karapatan in a statement.
The group also highlighted that the recent legal loss of Duterte is a product of the relentless campaigns and work of the victims and their families, their lawyers, and the human rights community who persist in keeping watch over the ICC proceedings.
While his release is a victory, the victims and advocates are not yet fully safe, said Raymond Palatino of Bagong Alyansang Makabayan (Bayan). He added that many of Duterte’s allies are still roaming free, propagating disinformation and influencing the political system in the country.
“We challenge Duterte to arrest other perpetrators of Tokhang,” Palatino said. “The ICC trial should proceed forthwith and we must reject the delaying tactics of the Duterte camp.”
Similarly, Karapatan is also urging the ICC to expand the charges to Duterte to other inhumane acts.
“There were also cases of torture and serious illegal detention. There were also instances of serious illegal detention and even forced labor. In fact, there are allegations of rape, and cases of “palit-ulo” (exchange heads),” Palabay said. “Many critics and supporters of the victims were politically persecuted. All these are consequences and should be regarded as crimes against humanity committed by Duterte and his associates.” (RVO)
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