The prosecution in the crimes against humanity case against former President Rodrigo Duterte has asked the International Criminal Court (ICC) Trial Chamber III to order his continued detention by citing changes in circumstances that have increased his risks of evading justice.
In a submission filed by acting Prosecutor Mame Mandiaye Niang, the prosecution said Duterte’s continued detention remains necessary because the conditions under the Rome Statute for detention are still met.
The prosecution said there had been no circumstances that would require the chamber to reverse its earlier decision to keep Duterte detained.
Instead, it cited several developments that it said have increased the risks Duterte presents particularly the possibility that he could abscond or interfere with witnesses.
Among the changes cited was the setting of a definitive trial date, which the prosecution said increased the prospect of Duterte facing trial and, in turn, the risk that he may abscond.
The prosecution also noted that it had added eight more incidents to Duterte’s charges since the previous detention decision.
It said the increase in the number of incidents and victims as well as the prospect of a lengthy prison sentence, supports Duterte’s continued detention.
The prosecution further cited the submission of its list of witnesses to Duterte on Aug. 31 as another changed circumstance.
The list contains the names of prosecution witnesses and their expected testimony with some portions redacted in the public version of the filing.
The prosecution said Duterte’s history shows that he is able and has the means, directly or through associates, to interfere with witnesses.
It said the disclosure of the witness and evidence lists therefore increases the risk of interference and supports the need for Duterte’s continued detention.#