Interim release of Duterte less likely due to supporters' 'bullying' of victims, judges – lawyer

MANILA, Philippines — The online disinformation campaign surrounding the arrest of former President Rodrigo Duterte may backfire, particularly concerning his interim release, an international law expert said.

Lawyer Joel Butuyan, an International Criminal Court (ICC)-accredited lawyer, said that the tribunal is less likely to grant an interim release for the former president during the trial due to the bullying behavior of Duterte’s supporters, who have been harassing both the judges and drug war victims.

“It's going to affect the judges, especially on the issue of interim release. Because makikita ng mga judges na sobrang powerful talaga yung forces ng Duterte camp dahil lang sa ICC pwede silang i-bully and i-harass and i-attempt na i-manipulate,” Butuyan said in a forum hosted by the Foreign Correspondents Association of the Philippines on Monday, March 17.

(It’s going to affect the judges, especially on the issue of interim release. Because the judges will see that the forces of the Duterte camp are really very powerful, and that just because of the ICC, they can be bullied, and harassed, and attempts can be made to manipulate them.)

Butuyan added that, in order to be granted an interim release, Duterte’s camp must demonstrate 'extreme and urgent necessity.'

Following the initial trial of the former president on March 14, his supporters flooded the social media accounts of Romanian ICC Judge Iulia Motoc.

Some of Duterte’s supporters spammed Motoc’s LinkedIn account, with some asking for his release.

Prior to Butuyan's remark, ICC Assistant Counsel Kristina Conti had already pointed out that these actions by Duterte’s supporters might jeopardize his chances of obtaining an interim release.

“…Hindi payagan ang interim release ni Rodrigo Duterte dahil banta sya at ang mga supporter nya sa kaligtasan ng mga biktima at abogado na tumitindig laban sa kanya. Katakot-takot na bullying at pagbabanta ang natatanggap ngayon ng mga nanay na naglakas loob humarap sa publiko,” she said in an X (formerly Twitter) post. 

(Rodrigo Duterte should not be granted interim release because he and his supporters pose a threat to the safety of the victims and lawyers who stand against him. The mothers who dared to come forward publicly are now receiving immense bullying and threats.)

Conti cited Article 70 of the Rome Statute, the provision concerning the administration of justice, as a basis that may be invoked against such actions.

“Mag-ingat na ang mga umaatake sa korte, sa prosecutor, at/o sa judges dahil baka madagdagan ang kaso ni Duterte,” she said. 

(Those attacking the courts, prosecutors, and/or judges should be careful, as this might add to Duterte’s cases.)

Duterte was formally charged by the international tribunal with crimes against humanity, specifically citing his alleged involvement in at least 43 killings.

These include incidents attributed to the Davao Death Squad and police actions during his presidency.

The charges cover incidents that reportedly occurred between Nov. 1, 2011, and March 16, 2019.