The motion for the interim release of Rodrigo Roa Duterte is not a simple procedural matter; it is a profound moral test for the International Criminal Court and a moment of grave concern for the thousands who have endured the lethal results of his reign. To grant him freedom pending trial would be to silence the voices of the dead, endanger the living, and reward impunity at the highest level. The fight for justice is far from over, and it must not be compromised.
Three fundamental reasons why Rodrigo Duterte must remain in detention:
- An Unacceptable Risk to Witnesses and the Integrity of Justice
The claim that Mr. Duterte no longer commands influence is a dangerous fiction. His current position as Mayor of Davao City is irrefutable proof that he remains to have considerable resources and access to authority, not to mention his daughter’s capacity. His release, under any condition, would cast a terrifying shadow over the Philippines, creating a chilling effect that would freeze the very heart of this legal process.
The prosecution’s case is built on the courage of survivors and witnesses—journalists, activists, and ordinary citizens with direct testimony of the streets littered with corpses executed in the most violent of manners who have risked everything to speak out from the beginning and are continuing to speak out today. Many are only now finding the strength to add their stories to the mountain of evidence. To release Duterte is to place them all in the direct path of intimidation and harm. The ICC Prosecutor’s Office itself has sought extensions to protect witness identities, acknowledging an “objective risk to their safety.” Freeing the man they believe has the capability and intention to cause harm, would turn that risk into a terrifying certainty, ensuring that justice is not only delayed but permanently denied.
- The Historical Precedence of the Accused in Crimes Against Humanity
We are not discussing ordinary crimes. We are discussing crimes against humanity. The Philippine drug war was a campaign of mass slaughter, reminiscent of the darkest chapters of history where dictators slaughtered and silenced their own citizens in the name of peace and order. With an estimated 30,000 people killed since Duterte took office, this was not a war. It was a tool of institutionalized murder, terrorism, and plunder, targeting the most vulnerable sectors of Philippine society.
There is no precedent for granting provisional release to an individual accused of orchestrating such widespread and systematic atrocities with such unashamed pride. To treat his case with the leniency of interim release would be a catastrophic moral failure. It would signal to modern day dictators everywhere that even crimes against humanity can be negotiated. The memory of every life extinguished in this brutal campaign demands that the accused remain in custody, a clear and unambiguous statement that the world will not look away and that there will be accountability.
- The Unrepentant Nature of the Accused Poses a Continuing Threat
Rodrigo Duterte has shown no remorse. On the contrary, he remains defiantly proud of the carnage he caused. In recent sworn testimony before the Philippine Senate, former President Rodrigo Duterte made admissions that significantly bolster legal arguments concerning his alleged involvement in extrajudicial killings. These admissions, particularly regarding the existence and operation of a “death squad” during his tenure as Mayor of Davao City, and his instructions to police officers to “encourage” suspects to resist arrest to justify lethal force during his presidency, have direct implications for ongoing and potential legal proceedings.
To release him is to give him a platform. It would allow “The Punisher” to once again incite violence, to rally his supporters, and to terrorize a nation still reeling from his brutality. The risk is not merely that he will flee or tamper with evidence, but that he will actively continue his crimes, further entrenching the culture of impunity that has left a bloody trail in the Philippines. His release would not be a humanitarian gesture; it would be an act of endangerment to the very people the Court is sworn to protect.
For the sake of the thousands of victims and for the future of international justice, he must remain in detention and the case must proceed carefully and resolutely.
Duterte Panagutin Now.
For reference: Atty. Jojo Lacanilao, convenor, Duterte Panagutin Campaign Network