Prosecutors asks ICC to dismiss Duterte's appeal for interim release
Former president Rodrigo Duterte (Photos from the International Criminal Court)
Stressing that the ruling on former president Rodrigo Duterte's bid for interim release was "reasonable and correct," the Office of the Prosecutor of the International Criminal Court (ICC) has called on the Appeals Chamber to affirm the ruling.
In a 20-page redacted document dated Oct. 31, the prosecution said that the pre-trial chamber did not rely on unsubstantiated "hypothetical and non-specific risks" to find that Duterte's continued detention is warranted.
"The Decision is reasonable and correct. Mr. Duterte’s three grounds of appeal (the
'Appeal') fail to establish any legal or factual error. Rather, the Defence repeatedly expresses its mere disagreement with the Decision, mischaracterises and ignores the Chamber’s reasoning, and misstates and misunderstands the applicable law," the prosecution said.
"The Appeal should therefore be dismissed," it stressed.
On Sept. 26, the Pre-Trial Chamber I rejected the former president's request to grant him interim release and ordered his continued detention.
The Chamber affirmed that "there were reasonable grounds to believe that Duterte committed crimes within the jurisdiction of the ICC."
It further stated that Duterte's continued detention appeared necessary to ensure his appearance at trial; that he does not obstruct or endanger the investigation or court proceedings; and that he does not continue with the commission of crimes.
In asking for the dismissal of the appeal filed by the defense, the prosecution said Duterte's lawyers "simply expressed disagreement with the Chamber's assessment and thus raises no appealable error."
The prosecution also emphasized that the Chamber noting that Duterte’s recent election as Mayor of Davao "exemplifies his continued support in the Philippines," adding that these examples are hardly “hypothetical” as argued by Duterte's lawyers.
"The Defence’s submission that the Appeals Chamber should 'curb the formulaic
reliance' on the 'hypothetical' 'network of supporters' construct is unconvincing given the significant examples relied upon by the Chamber. This includes the fact that as a result of his position as the former President of the Philippines, a position he held for six years, Mr. Duterte has political contacts and has maintained a network of support within the country, including his daughter who is currently serves as the Vice President," the prosecution said.
Predetermined decision to detain Duterte is baseless, offensive
The prosecutors also strongly rejected the Duterte's legal team's "inflammatory and offensive comments" on Duterte's detention at the Hague for crimes against humanity.
"The Prosecution takes this opportunity to reject, in the strongest terms, the Defence’s baseless and offensive statement that the Pre-Trial Chamber had made a “predetermined decision to detain Mr Duterte,” the prosecution said.
The prosecution cited the Defence Counsel's recent comments in the media, "suggesting that Mr Duterte’s continued detention was ordered by the Chamber because there was only 'one active first instance case in its docket."
"The Prosecution considers these comments to be specifically troubling," the prosecutors stressed.