A Malacañang official on Friday maintained that the Marcos administration has nothing to do with the crimes against humanity case filed against former president Rodrigo Duterte before the International Criminal Court (ICC).
‘We have nothing to do with the ICC case,’ Palace press officer Claire Castro said in an interview with ‘Storycon’ on One News.
Castro clarified that her earlier remarks were misrepresented by Duterte’s defense counsel, Nicholas Kaufman, who claimed that the Philippine government would not object to the former president’s request for interim release.
‘That’s twisting of facts. I did not say that. What I said is, whatever the decision of the ICC, that is a legal process. The government will. respect it,’ she said.
Castro noted that this was not the first time Kaufman distorted statements, citing his earlier claim that the ICC prosecutor would also not object to Duterte’s release.
Disciplinary action
Following the controversy, civil society groups and human rights organizations urged the ICC to impose disciplinary sanctions on Kaufman for allegedly engaging in disinformation.
‘On at least two separate occasions, Mr. Kaufman has distorted the factual record before the Court in order to advance the defendant’s application for interim release,’ the groups said in a joint statement.
They added that Kaufman also misrepresented the remarks of the Palace official, twisting ‘the meaning and implication of Castro’s statement.’
‘Such an assertion is widely removed from the actual position contemporaneously conveyed and subsequently clarified by the Philippine government and transforms its clear deference to the Court into an acquiescence to the Defense,’ they said.
The statement was signed by the Philippine Coalition for the ICC, Philippine Alliance of Human Rights Advocates, In Defense of Human Rights and Dignity, Duterte Panagutin Network, Center for International Law, Rise Up for Life and for Rights, Philippine Human Rights Information Center, Karapatan and the National Union of Peoples’ Lawyers.
Also among the signatories were Mamamayang Liberal Rep. Leila de Lima; Akbayan Representatives Chel Diokno, Perci Cendaña and Dadah Ismula; Dinagat Islands Rep. Kaka Bag-ao; Kalookan Bishop Pablo Virgilio Cardinal David and 2025 Ramon Magsaysay awardee Flavie Villanueva.
The groups said Kaufman’s ‘deliberate misrepresentation is not harmless or victimless,’ describing it as ‘a pattern of deliberately professing deceptiveness, which misleads claims akin to conveying direct disinformation.’
They urged the ICC Presidency and the Pre-Trial Chamber I, which handles the case against Duterte, to sanction Kaufman for ‘repeated misrepresentation of facts in official filings before the Court and for ultimately engaging in disinformation that undermines the integrity of and public faith in ICC proceedings.’
The signatories also called on the Philippine government to officially disavow Kaufman’s claims and impose disciplinary measures against him, saying his conduct ‘directly undermines the confidence of the global and Filipino public in the Court and dangerously erodes the trust of victims in this independent judicial process as capable of delivering truth-telling and accountability.’
Political motive
Meanwhile, a human rights group claimed that Vice President Sara Duterte is pushing for the interim release of detained former president Rodrigo Duterte for political reasons, not humanitarian ones, saying she needs her father for the 2028 polls.
In Defense of Human Rights and Dignity Movement (iDEFEND) made the statement following the defense team’s petition before the ICC seeking Duterte’s interim release.
‘Sara Duterte needs her father Rodrigo Duterte to be in the Philippines to ensure her win in 2028. This is not about bringing a sick old man home, but a political strategy towards the presidency,’ iDEFEND said.
The group, along with other civil society organizations, also opposed the Senate-approved resolution urging the ICC to consider placing Duterte under house arrest on humanitarian grounds.
The measure, a shortened version of a resolution filed by Duterte allies, was passed 15-3-2.
‘Without the UniTeam, Sara Duterte’s ambitions for a smooth transition of power is gone. not with the impeachment trial, possible cases before the ombudsman and the ongoing corruption probe into infrastructure projects involving their contractors and allies in the government,’ iDEFEND said.
The group further cited the Vice President’s poor record in office and said she could only hope to revive her father’s political influence by ensuring his presence in the country.
‘Otherwise, assuming the court follows its schedule, Duterte would be in the middle of a trial while his daughter could be in the middle of a presidential campaign period,’ iDEFEND said.
‘This is the reason why the Duterte family is not focused on the suspect’s legal defense… They only have a political agenda. Let us not be side-tracked by all the noise. iDEFEND calls for the wheels of justice to turn without delay,’ it added.