Former Philippine President Rodrigo Duterte made his first appearance at the International Criminal Court in The Hague in the Netherlands on Friday, via videolink, as he faces allegations of crimes against humanity over his deadly war on drugs. ICC-CPI handout/Flickr

The camp of detained former President Rodrigo Duterte may look for legal remedies, including an interim release from detention, while he waits for his September hearing at the International Criminal Court, a lawyer said Saturday.

However, Atty. Kristina Conti of the National Union of Peoples' Lawyers and assistant to counsel of the ICC, said getting an interim release from his detention in The Hague will not be easy for Duterte.

"May anim na buwan si Duterte sa pagkakulong,. Ito ay pagkakataon niya para mag apply particularly una interim release," Conti said in an interview on Teleradyo Serbisyo.

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"Ang interim release ay parang bail sa atin. Tipo bang makakalaya ka pero Babalik ka kapag may hearing," she explained.

Conti said that although it is Duterte's right to apply for the remedy, the conditions for a possible release are unlikely to be met.

"Bilang abogado ng mga biktima, palagay ko hindi niya makukuha dahil bihirang ibigay ito at hindi sapat ang kundisyon para mabigyan siya," she said. "Tandaan natin si Duterte ay one, flight risk. Tumatakbo ngang mayor 'yan e. Pag umuwi yan ng Pilipinas baka hindi na bumalik sa ICC."

"Pangalawa, si Duterte ay may kapangyarihan... may sapat na lakas. Pag sinabing Duterte, mayroon siyang pwedeng utusan na patayin, takutin ang witnesses, ubusin ang ebidensya o iwala ang ebidensya. So 'yung possible subverting of justice ay all too real."

"Nakakatakot yun kapag dine-deny na may patayan, nakakatakot 'yun pag sinabing 'nasaan ng bilang ng 30,000 (victims)?' Dahil kung worse comes to worst yung mga ganung klaseng nagdedeny, kapag confronted with the evidence sisiguraduhin niyang mawala ang ebidensya."

Conti said Duterte's presence during ICC hearings is critical as the court wants to make sure the defendant will be able to personally understand the proceedings.

Tears, disdain as drug war families watch Duterte at ICC

 "Hindi nagtatrial sa ICC ng 'in absentia.' Kailangan in present ka," she explained. "Kasiguraduhan 'yun na naiintidihan mo kung anong nangyayari o namomonitor mo ang kaganapan."

Duterte, who was arrested and flown to The Hague early this week, made his first appearance at the ICC late Friday evening, Manila time.

Duterte stands accused of the crime against humanity of murder over his years-long campaign against drug users and dealers that rights groups said killed thousands.

In the prosecutor's application for his arrest, he said Duterte's alleged crimes were "part of a widespread and systematic attack directed against the civilian population in the Philippines."

"Potentially tens of thousands of killings were perpetrated," the prosecutor alleged of the campaign that targeted mostly poor men, often without proof they were linked to drugs.

DUTERTE'S HEALTH

The former leader joined the hearing through a video link from the ICC Detention Centre.

The court looked into Duterte's physical and mental health and whether he understood the charges against him. 

ICC Judge Iulia Motoc did not grant the motions of the defense counsel, former executive secretary Salvador Medialdea, to postpone Duterte's appearance hearing.

Judge Motoc told Duterte: "The court doctor was of the opinion that you were fully mentally aware and fit".

The chamber tentatively set the confirmation of charges hearing on September 23, 2025. 

It aims to assess whether there is enough evidence to establish substantial grounds for believing the accused committed the alleged crimes.

Rodrigo Duterte makes first ICC appearance

If the charges are fully or partially confirmed, the case will proceed to a Trial chamber for the trial phase.

"He's the first Asian person o leader to have been arrested by the court," said Conti. "Medyo naunahan lang dahil may request para sa warrant of arrest dun sa president ng Myanmar, pero request pa lang 'yun." - with a report from Agence France-Presse