Former president Rodrigo Duterte could apply and be granted interim relief by the International Criminal Court if any of 3 conditions that necessitated his arrest has been lifted, a lawyer said Tuesday. 

Ex-president Duterte confident he has 'no case' to answer at ICC, says VP Sara

'Flight-risk' Duterte may apply for interim release, lawyer says

Prof. Michael Tiu of the University of the Philippines College of Law said the ICC issued a warrant of arrest for Duterte after finding reasonable grounds for the complaint of crimes against humanity.

He said Duterte was arrested because of 1 of 3 reasons:

1. To ensure that he will show up in the proceedings of the court
2. To stop any interference with the investigation and the witnesses
3. To stop the possibility that he will commit the crime again

Duterte arrest constitutes 'extraordinary rendition,' says VP Sara

“In the interim release application, kailangang tingnan ng pretrial chamber kung any of the 3 kung bakit siya inaresto ay wala na,” he told TeleRadyo Serbisyo.

Tiu said it is unlikely that the ICC would grant interim release without conditions such as a bond or security. The ICC could also ask for the address where Duterte would be staying during the proceedings.

He also noted the ICC will consider if Duterte will come back to The Hague if the court allows him to return to the Philippines.

Atty. Kristina Conti of the National Union of Peoples' Lawyers and assistant to counsel of the ICC, earlier said she doubts Duterte will be granted interim release because he is both a flight risk and a former president who could go after witnesses and even cover up evidence. 

"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."

Tiu said he expects Duterte’s lead defense counsel Nicholas Kaufman to challenge the jurisdiction of the ICC in the next couple of months so that the crimes against humanity case does not reach trial.

“We can expect na siguro April, May they (defense) will submit something that will challenge the jurisdiction of the ICC ulit,” he said.

Duterte is facing charges of murder as a crime against humanity in the ICC over his bloody war on drugs during his administration. He made his first appearance in front of the court via videolink last March 14. 

https://www.youtube.com/watch?v=xPb4FMfGbos

The ICC earlier set an April 4 deadline for prosecutors to disclose to the defense the evidence to be used for the confirmation of hearing. The defense was also given an April 11 deadline to inform the prosecution if Duterte will raise an alibi and what defense he will raise

“Sa confirmation of charges mangyayari kung matutuloy ba o hindi (ang trial) dahil  makukumpirma yung charges,” Tiu said.