The City Council of Davao on Tuesday approved a resolution requesting and urging the Senate of the Philippines to support any legal action asking the International Criminal Court (ICC) for the immediate interim release of former President Rodrigo Duterte in accordance with Article 60 of the Rome Statute.
Davao City Council Floor Leader Councilor Jesus Joseph Zozobrado III proposed the resolution, which was passed under suspended rules, emphasizing that Article 60 of the Rome Statute permits any person who is detained to request their temporary release.
“Article 60 of the Rome Statute provides, affords, and allows any detained individual held in detention, to apply for interim release pending resolution of jurisdictional issues pre-trial and trial proceedings, subject to review and supervision by the ICC’s Pre-Trial Chamber to prevent undue or excessive detention,” Zozobrado said.
Zozobrado underscored that the former president remains under the jurisdiction of the ICC and in alignment with Article 60 of the Rome Statute, he may seek interim release pending pre-trial and trial proceedings provided sufficient guarantees and strict conditions set by the Rome Statute for his availability and personal appearance when required, are met and complied with.
“Former Philippine President Rodrigo Roa Duterte will be 80 years old a few days from now, is sickly and has difficulty in doing simple physical acts like walking, and standing up from sitting and lying positions, thus restricting his freedom of movement,” he said.
He also stressed that the deterioration of the physical health of the former president can be prevented not only if he can take his maintenance medicines on time, but also by putting him in the company of his immediate family, relatives, and friends in familiar places.
“It is important to ensure that any interim release arrangement preserves the integrity of the ICC’s proceedings, safeguards the interests of the perceived victims and witnesses, and complies with the rules, standards, and procedures set by the Rome Statute and the ICC Pre-Trial Chamber,” Zozobrado added.
According to the resolution, the city of Davao assured its full cooperation to all security and administrative requirements concerning the former president’s interim release if granted, to safeguard the integrity of the proceedings of the ICC and maintain peace and order within the city’s jurisdiction.
Zozobrado said copies of the resolution will be furnished to the Senate of the Philippines and the ICC, through the Department of Foreign Affairs (DFA).
