Senator Ronald de la Rosa’s decision to resume hiding from the International Criminal Court (ICC) warrant of arrest against him, slipping out of the Senate premises in the dead of the night on Thursday, may impact negatively on former president Rodrigo Duterte’s latest bid for temporary release, a human rights lawyer said.
Former Philippine president Rodrigo Duterte’s new defense counsel Peter Haynes made his first move as new chief legal tactician by asking the ICC to revisit the issue of the former strongman’s fitness to stand trial, citing alleged deterioration of his condition.
“Whilst a determination of Mr. Duterte’s competence was undertaken during the pre-trial phase on the basis of written reports, his condition continues to deteriorate and will need more fully to be reviewed before any trial may commence,” Haynes said.
Under Rule 118 of the ICC Rules of Procedures, ICC’s resolution on any application for Duterte’s interim release is subject to review every 120 days. This is to determine whether there is a change of circumstances that will justify the grant of interim release, or to affirm continued detention.
Duterte’s lawyers can use the periodic review to apply for an interim release by showing a change in circumstances that justify such an application. If proven by ICC-accredited medical professionals that his health did indeed turn for the worse, he may be granted temporary release on humanitarian grounds.
In his last act in behalf of Duterte, his former lawyer Nicholas Kaufman made a last bid for his temporary release on medical grounds last May 8. In his final submission to Trial Chamber III, Kaufman cited Duterte’s short-term memory loss and increased risk of falls in detention as new “change in circumstances” to warrant temporary liberty to another country.
The filing was submitted right before Kaufman formally withdrew as Duterte’s lead defense counsel on May 11. His replacement, Haynes, made his first appeal along the same request.
National Union of Peoples’ Lawyers (NUPL) president Ephraim Cortez, however, said dela Rosa’s continuing resistance from a lawful arrest order is enough reason to deny Hayne’s petition.
“The recent incident in which the Senate provided Sen. Dela Rosa with protective custody and later allowing him to escape to avoid arrest is sufficient grounds to deny the interim release,” Cortez said.
“This is an indication that Duterte may use the interim release as an opportunity to avoid prosecution, and Senator Dela Rosa is an indication that the Dutertes have strong political clout that will put him in a position to influence and/or intimidate witnesses,” Cortez added.
The NUPL provides pro-bono assistance to some of the complainants against Duterte and his co-conspirators like dela Rosa.
What the Marcos government thinks of the ICC warrant
Meanwhile, the Philippine Department of Justice (DOJ) said it considers ICC’s arrest order against the fugitive senator as legal and binding under Philippine laws.
DOJ secretary Fredderick Vida has confirmed the validity of the ICC arrest warrant on dela Rosa, stating that the Ferdinand Marcos Jr. government has legal avenues under existing statutes to cooperate.
Vida also revealed government’s receipt of a request to serve the warrant and that the Philippine Center on Transnational Crime (PCTC) had been duly notified.
The DOJ had issued an Immigration Lookout Bulletin Order (ILBO) against dela Rosa, ordering border officials to arrest him immediately if he attempts to leave the country
Other Philippine legal experts also debunked arguments that the warrant is illegal, explaining the ICC is not a “foreign” but an international court that the Philippines was party to before its withdrawal from the Rome Statute in 2019 upon orders of Duterte and after complaints have already been filed. # (Raymund B. Villanueva)
