DAVAO CITY – The Davao City Council passed a resolution on Tuesday, March 25, urging the Philippine Senate to seek and back any appeal to the International Criminal Court for the prompt provisional release of former President Rodrigo Duterte in line with the Rome Statute law.
ZOZOBRADO (FB)
A two-page resolution by Davao City Council floor leader and lawyer Councilor Jesus Joseph P. Zozobrado III passed under the suspended rules in a unanimous vote emphasized that Article 60 of the Rome Statute allows any detained individual to request their temporary release.
“Rome Statute provides, affords, and allows any detained individual to apply for interim release pending resolution of jurisdictional issues pre-trial and trial proceedings, with the ICC’s Pre-Trial Chamber overseeing to prevent unnecessary or prolonged detention,” Zozobrado said.
Zozobrado said that based on Article 60 of the Rome Statute, Duterte, currently in The Hague, Netherlands, has the right to request temporary release as long as he follows the required conditions to ensure his appearance when needed.
He noted that the former Chief Executive will be 80 on March 28, Friday.
Zozobrado added that the man is already frail and has difficulty in doing simple physical acts like walking and standing up from sitting and lying positions, restricting his freedom of movement.
“The deterioration of the physical health of Honorable Duterte can be prevented not only if he can take his maintenance medicines on time but also by putting him in the warm company of his immediate family, relatives, and friends in familiar places,” Zozobrado said.
He acknowledged that the Philippines was a member of the Rome Statute from 2011 to 2019. He said that although it withdrew in 2019, its responsibilities for actions and proceedings before the withdrawal still apply under international law.
Zozobrado said respect for the ICC in this regard is appropriate. He added that it is important to ensure any temporary release protects the ICC’s proceedings, keeps victims and witnesses safe, and follows the rules set by the Rome Statute and the ICC Pre-Trial Chamber.
If granted, the councilor said Davao City commits to full cooperation with all security and administrative requirements related to Duterte’s temporary release to uphold the integrity of the ICC’s proceedings and ensure peace and order within its jurisdiction.
The Davao City Council said the city pledges absolute adherence to the ICC’s directives and explicit conditions that the Pre-Trial Chamber may lay down in granting the interim release of the former President, including but not limited to confined movement of FPRRD strictly within the territorial bounds of Davao City; unrestricted monitoring by authorized local, national, and or international personnel, and periodic transparent reporting to the ICC or other designated authorities.
“Davao City commits to following all necessary legal, administrative, or otherwise protocols to cooperate with the ICC, including allowing inspections, providing progress reports, and complying with any further requirements to ensure former President Duterte’s appearance when needed and to protect the proceedings’ integrity,” the resolution said.
Zozobrado said copies of the resolution will be provided to the Senate of the Philippines and the ICC through the Department of Foreign Affairs for their immediate and appropriate actions, underscoring the city’s unwavering commitment to the rule of law and international justice.