Solicitor General seeks withdrawal from Duterte petitions

inquirer.net

The Office of the Solicitor General (OSG) in the Philippines wants to step away from a case involving former President Rodrigo Duterte. The case includes petitions from Duterte's children. They are seeking their father's return from the International Criminal Court (ICC) in The Hague, where he is detained for charges related to his anti-drug campaign. The OSG argues that it cannot effectively represent the government. The office believes the ICC does not have jurisdiction over the Philippines since the country withdrew from the Rome Statute in 2018. They filed a motion to be excused from the proceedings and explained their position in a recent document submitted to the Supreme Court. Duterte's children are challenging the government's cooperation with the ICC and Interpol after their father's arrest. They argue that this cooperation is unconstitutional. The Supreme Court has asked the government to explain why the petitions should not be granted. The OSG has also suggested it may drop itself as a respondent in the case. It is yet unclear who will represent the government in court after the OSG's recusal. Some high-ranking officials are also named in the petitions, which could complicate the representation. In Congress, Senator Imee Marcos plans to investigate Duterte's arrest to ensure that laws were followed and his rights protected. She will invite several officials to discuss their roles in the situation. Legal experts say only the ICC can decide on Duterte's fate, and his return may be unlikely. Factors such as the risk of flight and witness intimidation could affect any petition for his release from ICC custody. Age will not be considered a reason for release under the law.


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