The International Criminal Court’s (ICC) Office of Public Counsel for Victims (OPCV) has opposed the interim release request of former president Rodrigo Duterte, citing fears for the victims’ and witnesses’ safety and possible harassment by the former leader, his allies, and supporters.

The OPCV, which represents the victims and witnesses in the former president’s crimes against humanity charges, submitted to the Pre-Trial Chamber I (PTC I) on June 25 an 18-page response to the “Defense’s Urgent Request for Interim Release.”

Signed by Principal Counsel Paolina Massidda, the OPCV argued that Duterte’s detention “remains necessary” because of the “gravity of the charges” and the fact that the former chief executive “has now access to a great part of the evidence in the record of the case and to the Prosecution witnesses’ identities.”

“Considering the volatility of the security situation in the Philippines, the Principal Counsel submits that the interim release of Mr Duterte will undoubtedly be an additional destabilising factor, as well as a source of great concern for the victims and witnesses in the present case, some of whom have already reported being harassed by supporters of Mr Duterte,” the document read.

It added that there should be “little weight” accorded to Duterte’s personal commitment that he would return to court to face the trial if he will be granted interim release because he and his family, including Vice President Sara Duterte, do not recognize the jurisdiction of the court and have repeatedly claimed that he was brought to The Hague illegally and “by extraordinary rendition.”

“This statement, made a few months ago, is in stark contrast with Mr Duterte’s undertaking not to abscond from the proceedings and should be taken into account to assess the risk of flight. Mr Duterte already claimed that the Court had no jurisdiction in the Philippines, or over him, even threatening to arrest ICC officials,” the OPCV said.

It also cited the former chief executive’s “considerable power” as evident in his election as Davao City mayor and the demonstrations organized by his supporters even in The Hague.

“He is still very popular in the Philippines and commands widespread respect and obedience . . . The Duterte family has an undeniable continued influence in the Philippines, with strong supporters who are repeatedly calling for Mr Duterte’s liberation, including in the numerous demonstrations in The Hague. These factors, in the Principal Counsel’s view, make it more likely that the Suspect might abscond if released, even with conditions,” the OPCV furthered.

The document noted that Duterte’s children—Vice President Duterte, Davao City Mayor Sebastian Duterte, and Davao City Rep. Paolo Duterte—remain in power.

Quoting the prosecution, the OPCV also said his decision to withdraw from the Rome Statute “in an apparent attempt to evade responsibility for crimes before the Court for crimes he committed” must also be taken into account.

The OPCV rejected as well the defense’s argument that Duterte must be granted interim release due to his advanced age. The former president is 80 years old.

It cited a previous decision of the Appeals Chamber that “special circumstances warranting provisional release related to humane and compassionate considerations” must have “acute justification,” including a medical need, a memorial service for a close family member, and a visit to a close relative whose death is believed to be imminent.

The OPCV then appealed to the Chamber to protect the safety and physical and psychological health of the victims and witnesses, reminding the judges that “his interim release would be hard to fathom for the victims who have clearly expressed the view that he should remain in detention at the Court pending the pre-trial proceedings.”

“For the victims, this is the only way of ensuring that he will face trial. Indeed, victims are extremely concerned with the prospect that Mr Duterte could be released, particularly because there is a real risk that they face threats from the Suspect and his supporters,” it added.

Duterte, who is facing crimes against humanity of charges in relation to his brutal war on drugs campaign that allegedly killed thousands of mostly impoverished Filipinos, will face the PTC I for the second time on Sept. 23 for the confirmation of charges.

He was arrested on March 11 at the Ninoy Aquino International Airport (NAIA) Terminal 3 upon arriving from Hong Kong, where he attended a gathering of his supporters, and was sent to The Hague, Netherlands where he had been detained since March 12.