Kitty Duterte files habeas corpus petition to bring back arrested dad

MANILA, Philippines — The daughter of former President Rodrigo Duterte, who was arrested by Interpol on an International Criminal Court (ICC) warrant, has filed a habeas corpus petition before the Supreme Court, challenging his arrest and detention.

Veronica “Kitty” Duterte filed the petition on behalf of her father on Wednesday, March 12, seeking his return to the Philippines. The petition was filed by Duterte’s former spokesperson, lawyer Salvador Panelo.

She urged the high court to issue a writ of habeas corpus, compelling authorities to "produce the body" of the former president and explain the "cause of his imprisonment or restraint."

Panelo: ICC has no jurisdiction over Duterte

According to one of the petition’s signatories, lawyer Salvador Paolo Panelo Jr., one of their key arguments is that the ICC lacks jurisdiction over the Philippines, as the tribunal only applies to countries without a functioning justice system.

“Kitang-kita naman natin na ang Supreme Court at ang mga korte natin sa Pilipinas ay maayos na tumatakbo. Ang DOJ natin, may kakayahan mag-prosecute,” he said.

(It’s clear that the Supreme Court and our courts in the Philippines are functioning properly. Our DOJ has the capacity to prosecute.)

If granted, Panelo said the government should return Duterte to the Philippines, calling his transfer to the Hague an “illegal act.”

"Sila ang lumabag ng batas. Pwersahan nilang kinuha ang presidente, isinakay sa eroplano laban sa kanyang kalooban, at dinala sa ibang bansa," he said.

("They broke the law. They forcibly took the president, put him on a plane against his will and brought him to another country.")

Second legal challenge vs Duterte's ICC arrest

This is the second legal petition challenging Duterte’s ICC arrest. The first was filed hours after his detention on March 11.

Duterte was arrested on the morning of March 11 upon landing at Ninoy Aquino International Airport Terminal 3 from Hong Kong.

The ICC’s pre-trial chamber cited Duterte’s "alleged criminal responsibility" for crimes against humanity (murder) in relation to the extrajudicial killings that took place under his administration.

The charges cover incidents that reportedly occurred between Nov. 1, 2011, and March 16, 2019.

According to Philippine government records, Duterte’s war on drugs resulted in around 6,000 deaths.

However, human rights groups estimate that the actual death toll could be as high as 30,000, with many victims being small-time drug users and pushers.