FACT CHECK: Kaufman didn’t say Duterte will be released on his birthday

Claim: Former president Rodrigo Duterte will be freed from the custody of the International Criminal Court (ICC) on his birthday, March 28, according to his counsel, Nicholas Kaufman.

Rating: FALSE

Why we fact-checked this: The claim can be found in the title of a YouTube video uploaded on March 7 in the channel “NEWS UPDATE FILES.” It reads: “Good news! FPRRD makaka-laya na! Sa kanyang birthday! Ngayong March 28 na! Kump[i]rmado ni Atty Kaufman.” 

(Good news! [Former president Rodrigo Roa Duterte] will be freed! On his birthday! This March 28 already! Confirmed by Atty. Kaufman.)

The video shows a clip from the third day of Duterte’s confirmation of charges hearing, on February 26, in which Kaufman spoke at length.  

As of writing, the video has 7,095 views and 72 comments. 

The facts: Nowhere in the footage shown of Kaufman’s speech is there any indication of him confirming that Duterte will be freed from ICC custody on March 28. 

There is no indication of that as well in Kaufman’s other statements during the entire confirmation of charges hearing, which took place on February 23, 24, 26, and 27. 

Other than merely showing clips of Kaufman’s statements during the pre-trial, the video offers no evidence to support its claim.

Duterte and the ICC: Duterte remains in ICC custody after a panel of five judges rejected his camp’s latest appeal for temporary release. (READ: ICC junks new request to free Duterte)

The former president is currently awaiting a decision on whether his crimes against humanity case will proceed to a full trial. The confirmation of charges hearing aims to determine “whether or not there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the crimes charged.”

Following the last day of the pre-trial hearing on February 27, the ICC pre-trial chamber has now begun deliberations. It will render a decision on the confirmation or denial of the charges against Duterte within 60 days. (WATCH: SPECIAL COVERAGE: Duterte’s pre-trial hearing at the ICC)

Previous related fact-checks: Rappler has fact-checked numerous claims about the Duterte case at the ICC. Among them are versions of claims that Duterte has already been freed from ICC custody and that Duterte’s case in the ICC was already dismissed. (READ: Inside the pro-Duterte playbook: A year of disinformation vs ICC case) – Percival Bueser/Rappler.com

Percival Bueser is a graduate of Rappler’s fact-checking mentorship program. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.

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