Senate approves resolution urging ICC to place Duterte under house arrest
The Senate has adopted a resolution urging the International Criminal Court to place former president Rodrigo Duterte under house arrest for "humanitarian considerations."
Senate Resolution No. 144 was approved on Oct. 1, with 15-3-2 votes. Senators Alan Peter Cayetano, Bato Dela Rosa, JV Ejercito, Jinggoy Estrada, Win Gatchalian, Bong Go, Ping Lacson, Loren Legarda, Rodante Marcoleta, Imee Marcos, Robin Padilla, Erwin Tulfo, Joel Villanueva, Mark Villar, and Migz Zubiri voted in favor of the resolution.
Meanwhile, Senators Bam Aquino, Risa Hontiveros, and Kiko Pangilinan voted against it. Senate President Tito Sotto and Sen. Raffy Tulfo abstained.
Senators Pia Cayetano, Chiz Escudero, Lito Lapid, and Camille Villar were absent during voting.
The resolution, introduced by Cayetano and Zubiri, called on the ICC to designate a physician to examine Duterte and "ascertain that he is fit to withstand regular detention."
"Should the medical findings prove that his continued detention will further worsen his medical condition, the ICC is urged to allow the former president to be detained under house arrest."
The resolution also cited Article 10(1) of the International Covenant on Civil and Political Rights, which states that "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person."
"It is not against the tenets of human rights to allow any person, especially a former president of the country, to be under house arrest or to be under a country supervised under [ICC], especially in the condition of president Duterte," Cayetano said, noting that the detained former president is 80 years old.
The Minority Leader went on to say that he doesn't know Duterte's state. "Can you imagine how president Duterte is coping now?"
In explaining her vote, Hontiveros said that while she agreed that humanitarian considerations are essential to justice, she said that there's no indication that the ICC is neglecting Duterte's welfare.
"May panayam rin po kung saan sinabi ng pamilya ni former president Duterte na he is 'well,' even 'jolly' at kaya pa ngang makipag-usap tungkol sa maraming topic, kasama ang pulitika, flood control, at love life," she said.
"Ang panawagan para ang gobyerno ay mag-advocate sa interim release o house arrest ni former president Duterte, maaring naka-couch sa humanitarian terms pero nagmumukha ring isa pang halimbawa ng ating gobyerno na nagbibigay ng special treatment sa isang makapangyarihang indibidwal."
On the other hand, Sotto explained that he abstained, as his decision would "further divide" the nation.
"I am faced with two equally important issues affecting life and liberty: to afford PRRD with the optimal condition of his detention that will be beneficial for his physical and mental health, while taking into consideration the plight of the families who are seeking justice for the alleged crimes against humanity," he said.
ICC Assistant to Counsel Krstina Conti called this decision "counterproductive" and said that the ICC Pre-Trial Chamber I will only consider matters of fact and law while evaluating Duterte's request for adjournment and interim release.
"The Senate as an institution is not in any way involved in the ICC process, and it is unclear how the resolution will be communicated to the international court," she wrote in a Facebook post. "Unless the Senate has direct knowledge of Rodrigo Duterte's physical and mental health and their report is transmitted to the ICC through the proper channels, then the resolution will be mere political noise."
Conti added that the ICC is aware that at least one of the senators sponsoring the resolution is "probably among the co-perpetrators" of crimes against humanity. "Hence, it is patently self-serving."
The resolution, she noted, could backfire, and be seen as "political intrusion" and proof that the Duterte family still exercise political clout.
On Sept. 29, an ICC prosecutor said that Duterte remains a flight risk and "may commit further crimes" if granted interim release.
The former president's lawyer, Nicholas Kaufman, claimed that Duterte is experiencing cognitive difficulties, making him unable to fully cooperate with legal proceedings.
Vice President Sara Duterte also recently said that her father was allegedly found unconscious on the floor of his detention room and later underwent laboratory tests. She said that the family was not informed of the "accident."
