Still unfiltered, Sara Duterte vents of 'injustice' in ICC proceedings

MANILA, Philippines — Vice President Sara Duterte teared into what she sees as flaws in the International Criminal Court's handling of her father's case on Wednesday, June 25, saying it is unfair for the prosecution to seek the rejection of former President Rodrigo Duterte's interim release based on his family's public statements against the court. 

At a press conference, Duterte questioned why interim release provisions exist in the Rome Statute governing the ICC at all if they won't be granted, calling the lengthy pre-trial detention of her father "an injustice in itself." 

The vice president's statements come after ICC prosecutors filed a response June 23 opposing the former president's petition for temporary release to an undisclosed country. The ICC prosecutor pointed to his and his family's — including Sara's — public rejection of the court's legitimacy, including their claims that the elder Duterte was "kidnapped" when he was taken into ICC custody. 

The prosecutors also cited Duterte's threats to "finish" ICC staff in a "shootout" and his declaration that he would rather die than appear before the court. 

These remarks were cited by the prosecution in the context of how it does not inspire confidence that the former president will subject himself to the jurisdiction of the court for the hearing in September if he is temporarily freed. 

Facing reporters on Wednesday, Duterte said it was wrong to use the family's statements about the ICC against her father. "Sorry, but I do not understand why the prosecution would oppose the petition for interim release of an accused based on the statements of family members," she said, in mixed English and Filipino.

"It's very wrong to use family statements as reason to oppose the accused. They should base it only on the actions and statements of the accused and what the country where he will be released says," the vice president said.

Duterte also argued her father already demonstrated willingness to comply with the conditions for his temporary release by filing the petition, though she admitted to not having fully read the actual document filed by her father's defense. "I did not read it because this is the job of the ICC lawyers, so I didn't read his petition for interim release. I scanned through it but did not really read with comprehension," she said. 

Claim of no threat 

The vice president also dismissed the prosecution's concerns that her father could intimidate witnesses if temporarily released. She said her father, as president, "did not threaten victims" and that he would not be able to do so "in another country, where people in the Philippines are unreachable."

Former presidential spokesperson Harry Roque "was the one who chased [my father] for a year and told him to get ready. So, he never did anything against the witnesses," the vice president said.

But this is misleading. During his presidency, Rodrigo Duterte made several sweeping public threats against his critics that human rights groups say created a climate of fear. In 2017, Duterte told police to “shoot those who are part (of drug activity). If they (are members of human rights organizations) obstructing justice, you shoot them.”

A year later, the president said bishops should be "killed" after members of the Catholic Church criticized the drug war. In April 2020, during the COVID-19 pandemic, Duterte also openly gave orders to the police, military and local officials to shoot dead protesters or those questioning government measures. Months before his arrest, at a Senate hearing, Duterte even threatened to wipe all of alleged criminals if given another chance.  

RELATED: 'Shoot them dead': Duterte in his own words

Sara hits ICC's function 'for human rights'

While the chamber has yet to decide whether to grant the elder Duterte's petition for interim release, the vice president on Wednesday criticized the court for having provisions for interim release if they are "not going to grant it to the accused."

"For me as a lawyer, not as a family member, why did you even include a provision on interim release in your law if you’re not going to grant it to the accused anyway. Especially to an accused who is already 80 years old and needs an assistant and a caregiver," Duterte said. 

"More than that, the prolonged detention during the pre-trial is an injustice in itself," the president added.

The vice president also compared the ICC system to other countries' justice systems. "In other countries or here in our country, we have the right to bail. But in the ICC and Rome Statute, there is no right for the accused to post bail. And now you have interim release but you will not grant it."

"They are saying they are for human rights and justice and yet it is not provided for the accused," she added.

The vice president, however, acknowledged her limited role in the legal proceedings. "Actually, we are just bystanders as family members. The client and his lawyers are the ones talking and knowing their chances, their strategy," she said.

The Pre-Trial Chamber is currently reviewing both the petitions of Duterte's defense and the ICC prosecutor, with no exact date for when its decision will be announced.

The former president faces a confirmation of charges hearing scheduled for September 23. This will determine if the court will proceed to a full trial.

Duterte was arrested in March and transferred to ICC detention in The Hague after being taken into custody at the Ninoy Aquino International Airport upon his return from Hong Kong. He faces crimes against humanity charges related to the killings from his violent anti-drug campaign.