Rodrigo Duterte interim release could jeopardize evidence, lawyer warns

Former president Rodrigo Duterte attends an inquiry on his administration’s war on drugs at the House of Representatives on Nov. 13, 2024. International Criminal Court (ICC) Assistant to Counsel Kristina Conti on Wednesday (March 19, 2025) warned that granting interim release to Duterte, who is now under ICC custody in the Netherlands, could jeopardize the integrity of evidence and intimidate witnesses in the proceedings against him. | Photo courtesy of House of Representatives Press and Public Affairs Bureau via PNA

MANILA, Philippines – A lawyer on Wednesday warned that granting interim release to former president Rodrigo Duterte could jeopardize the integrity of evidence and intimidate witnesses in the International Criminal Court (ICC) proceedings against him.

In a Bagong Pilipinas Ngayon interview, ICC Assistant to Counsel Kristina Conti said Duterte remains influential and capable of obstructing the case.

READ: Duterte’s defense lawyer expresses confidence; co-counsel Medialdea falls ill

“Malaki ang capacity niya to, sa totoo lang, maghasik ng lagim,” Conti said.

(He has a significant capacity to, honestly speaking, sow terror)

Conti warned that allowing Duterte’s interim release could lead to witness intimidation or harm, as well as tampering with evidence.

“Importante para sa ICC na sa pagpapatuloy ng proseso ay walang intimidation ng witnesses, walang pagpatay ng witnesses ha, bawal na bawal iyan, at walang bura o pagkawala ng ebidensiya,” she said.

(It is crucial for the ICC that the process continues without witness intimidation, witness killings, those are strictly prohibited, or the erasure or loss of evidence)

Conti also raised concerns over Duterte’s potential to evade trial.

“Flight risk iyan, mukhang hindi na mababalik para ma-trial, at iyon ang isang malaking bahagi kung bakit siya ikinulong para ma-trial,” she said.

(He is a flight risk, and it seems unlikely he would return for trial, which is a major reason for his detention)

Ex-DDS members

Conti said insider witnesses, including former members of the alleged Davao Death Squad (DDS), are crucial in establishing how Duterte’s alleged extrajudicial killings were ordered, funded, and carried out.

Conti, however, emphasized that the decision to present witnesses like ex-DDS members Edgar Matobato and Arturo Lascañas lies with the ICC prosecutor, not the victims’ legal team.

“Hindi para sa amin, sa bahagi ng mga biktima ang pagpapasya at pagdi-decide tungkol dito sa witnesses, Office of the Prosecutor iyan,” she said.

(It is not for us, on the part of the victims, to decide on these witnesses; that is up to the Office of the Prosecutor)

Conti said the ICC is well-prepared for trial, hinting that the prosecutor may have more evidence and other witnesses ready to testify.

“Mukhang may hawak pa siyang iba kaya trial-ready siya eh,” she said.

(It seems the prosecutor has more evidence, which is why the case is trial-ready)

Local cases vs low-ranking officials

On the possibility of local cases against lower-ranking officials involved in Duterte’s war on drugs, Conti said domestic courts remain open for prosecution.

“Bukas na bukas pa rin ang domestic courts (Domestic courts are still very open),” Conti said, adding that she would recommend filing charges against lower-level perpetrators since the ICC focuses on high-ranking officials.

Duterte was the subject of an arrest warrant by the ICC over the alleged crimes against humanity committed due to his drug war carried out between Nov. 1, 2011 and March 16, 2019 during his time as Davao City mayor and then Philippine president.

He arrived in The Hague on March 12 and was turned over to the ICC Detention Center in Scheveningen.

The ICC scheduled the next hearing on Sept. 23 to confirm the charges against Duterte. (PNA)