FACT CHECK: ICC did not reverse decision rejecting Duterte’s interim release

Claim: The International Criminal Court’s (ICC) appeals chamber granted former president Rodrigo Duterte’s appeal for interim release after reassessing the decision it made on November 28.

Rating: FALSE

Why we fact-checked this: Several posts bearing the false claim have been circulating on Facebook, with the most popular one by user Kathy Poqueco garnering 3,000 reactions, 232 shares, and 200 comments. All the posts use a quote card containing the statement of “Ana Luz del Carmen Ibañez Carranza de Gutierréz,” supposedly a presiding judge of the ICC.

“We acknowledge an error in the earlier denial of interim release for former President Rodrigo Roa Duterte. Having heard the calls and signature drive of his supporters, the decision has been reassessed, and interim release is hereby granted, allowing him to spend Christmas in the Philippines with his family under standard conditions. This adjustment does not affect the ongoing proceedings,” text on the post’s graphic says.

The statement is also being shared on Facebook pages and groups for Duterte supporters. The page “Duterte Supporter Daily News” shared the quote card with the caption, “Breaking news: Makakauwi na pala eh. Pakikalat mga ka-DDS dahil hindi ito ibabalita ng mga bayarang media.”

(Breaking news: He can go home after all. Please share this, fellow DDS, because it is not being reported by the paid media.)

The facts: The ICC did not reverse the decision made by its appeals chamber to reject Duterte’s request for interim release on November 28. The decision is considered the final judgment because there is no higher court in the ICC after the appeals chamber.

Aside from that, there is no concept of a motion for reconsideration in the ICC’s rules either, ICC assistant to counsel, lawyer Kristina Conti, said in an interview with News5.

While Conti said Duterte’s camp can file another request for interim release, it must be based on new grounds or developments not included in the original request. This is contrary to the false post’s claim, which says the ICC supposedly reassessed its November 28 decision.

Also, the ICC’s website contains no further updates regarding the case aside from the November 28 decision rejecting the interim release. No reputable sources or media reports confirm the existence of this supposed statement from the ICC about reassessing its decision either.

Wrong judge: The viral graphic contains several obvious errors that reveal it to be fake, particularly the ICC judge to whom the quote is attributed. 

The photo of the ICC presiding judge does not match any of those listed on the ICC’s website. Though it looks very similar to a photo of ICC Appeals Chamber Judge Luz del Carmen Ibáñez Carranza, the facial features in both photos are noticeably different, with some commenters pointing out that the fake photo looks more like Filipino actress Annabelle Rama.

The fake quote card also gets Ibáñez Carranza’s name wrong. It adds “Ana” to the start of her name and “de Gutierréz” to the end, though neither the ICC website nor reliable sources spell her name in that manner. 

Rejected interim release: The false claim circulated after the ICC appeals chamber rejected the Duterte camp’s plea for interim release on November 28. Duterte’s camp had cited his age and “proven weak state of mental and physical health” as reasons why he should be allowed to participate in the proceedings of his trial outside the ICC detention center.

While the appeals chamber said humanitarian grounds were considered, they “were not sufficiently set out in the case at hand,” adding that the risks of Duterte’s temporary freedom could not be mitigated by the proposed conditions. – Shay Du/Rappler.com

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