Human right lawyer Neri Colmenares, who represented victims of the Duterte administration's deadly war on drugs, on Friday, June 13, vowed to oppose the former president's provisional release from the International Criminal Court (ICC) detention.

Colmenares' remark came after Duterte's defense team headed by lawyer Nicholas Kaufman sought his provisional release to an undisclosed country, which expressed its willingness to receive him.

"Mr. Duterte is not a flight risk, and custody is not necessary to ensure his appearance before the Court," the filing from the defense team read.

According to Colmenares, the victims have every right to formally oppose the application because "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."

"The victims and their legal representatives may still assert their right to submit their opposition to Duterte’s application," he said.

Colmenares said the lawyers representing the victim would argue that a Duterte release would violate Article 58 of the Rome Statute, which requires that a person released must appear at the trial, and that he will not obstruct or endanger the investigation or the court proceedings. 

The victims and their lawyers have been under attack especially after Duterte’s arrest, and the attacks will escalate if he is free to orchestrate this, he said.

"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,” he added.

Colmenares said they are strongly urging the ICC not to grant Duterte’s petition because the threats experienced by victims and their lawyers "will surely escalate if Duterte is released".

"The safety of those seeking justice must be prioritized over the convenience of the accused," he said.

Colmenares also questioned Duterte's promise that he will obey the orders of the Court and appear at the 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," he said.

"Even  Kaufman admitted this when he declared 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.