Duterte stays in ICC detention this Christmas; family visit to ex-president uncertain—lawyer
Former president Rodrigo Duterte and his lead counsel Nicholas Kaufman (Screengrab from ICC, ABS-CBN News videos)
Nicholas Kaufman, former president Rodrigo Duterte’s lead counsel, admitted that the ex-leader might have to spend Christmas alone in detention at the International Criminal Court (ICC) in The Hague.
In an interview with GMA News, the lawyer said Christmas Day and Boxing Day in the Netherlands “are official court holidays,” which means there are no visitation schedules.
“He wishes to spend Christmas with his family. Doesn't anyone want to spend Christmas? On the actual Christmas day itself, Boxing Day, these are official court holidays. No visits, unfortunately, are allowed at all,” he stated.
“However, we are going to try and change that. Because we believe that the former president should be with his family on Christmas. We will fight for that. What the court decides obviously is a different matter,” he explained.
This came as the ICC’s Appeals Chamber denied with finality the interim release application of the former president, who had been in detention since March for crimes against humanity charges for the alleged murder of thousands of Filipinos under his drug war campaign.
But aside from the temporary liberty plea, the defense has two other pending petitions—the jurisdiction challenge appeal and the adjournment of all legal proceedings based on Duterte not being fit to stand trial.
A panel of medical experts is scheduled to release its report on the former leader’s condition on Dec. 5 as Kaufman claims he had been suffering from declining cognitive abilities, having difficulty recalling events, dates, and even his family members.
“We hope that the evaluation, the medical experts will prove that we are right in our submissions. We work with that man on a daily basis and we find it extremely difficult because of the impediments that he's facing,” he said.
This runs contrary to Vice President Sara Duterte’s recent remark, however, that her father was able to discuss politics and family matters with her.
In a statement on Friday, Nov. 28, the same day that the ICC’s Appeals Chamber ruled on the interim release plea, Kaufman said his team will “reintroduce its request to release a man who is 80 years old” after the results of the medical evaluation.
He added that the evaluation is expected to prove that the former president has “debilitating physical conditions and cognitive issues, is incapable of flight or, as alleged, threats to witnesses.”