DEFENSE lead counsel Nicholas Kaufman has renewed their camp’s plea for the interim release from detention of former president Rodrigo Duterte while the Pre-Trial Chamber 1 of the International Criminal Court (ICC) determines his fitness to stand trial for the crimes against humanity case that he is facing.
In a 5-page notification dated September 16, Kaufman stressed that his client’s plea for interim release should be granted immediately, and that administrative delay should not be cited as reason to justify his continued detention.
“Mr. Duterte should not remain in detention while proceedings on fitness – now expected to take no less than (redacted) at a minimum – are underway. Administrative delay occasioned by (redacted) cannot justify the abrogation of liberty. Provisional release should be ordered as soon as continuing detention ceases to be reasonable,” the filing said.
“Interim release will not, in any way, affect or hinder the proceedings on fitness or of the case more generally,” it added.
Kaufman said the receiving country identified by the defense camp as supposedly willing to host the 80-year-old Duterte will be required, as a condition for release, to facilitate (redacted) by the court.
“Mr. Duterte’s release while litigation on fitness is underway would ensure a proper balance between a suspect’s rights under the Rome Statute, while respecting the efficiency and integrity of the proceedings,” he argued.
Kaufman earlier appealed to the Marcos administration to let Duterte return home and face whatever charges in the country instead of in the ICC, as he claimed the the former president’s medical situation has been “progressively deteriorating,” thus, making him unfit to stand trial.
Kaufman made the appeal after the ICC Pre-Trial Chamber indefinitely postponed the September 23 confirmation of charges hearing against Duterte.
Both the ICC Office of the Prosecutor and the Office of the Public Counsel of Victims have opposed Duterte’s request for interim release.
