ASEANEWS HEADLINE-COURTS & CRIME | MANILA: ICC rejects Duterte interim release bid
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ICC rejects Duterte’s request for interim release | ANC
The World Tonight: The International Criminal Court has rejected former Philippine president Rodrigo Duterte’s request for interim release. The court cited the absence of any compelling humanitarian reason and noted the possibility that he may attempt to escape. -ANC, The World Tonight, October 10, 2025
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MANILA, Philippines — Former president Rodrigo Duterte will remain in detention in The Hague after pre-trial judges of the International Criminal Court (ICC) rejected his bid for interim release.
In a 23-page decision released yesterday, the ICC Pre-Trial Chamber I ruled that Duterte remains a flight risk and could pose a threat to potential witnesses.
It also cited the risk that he would continue committing the crimes charged against him should he be released from detention.
“The continued detention of Mr. Duterte is justified at this stage of the proceedings in order to ensure that the suspect does not obstruct or endanger the investigation or the Court’s proceedings,” read the decision signed by Judges Iulia Antoanella Motoc, Reine AdeÏlaïde Sophie Alapini-Gansou and MariÏa del Socorro Flores Liera.
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“The Chamber is of the view that, contrary to the Defense’s assertion, there exists a risk that, should he be released, Mr. Duterte will continue committing the crimes charged against him or related crimes within the Court’s jurisdiction,” it added.
In explaining why Duterte is deemed a flight risk, the pre-trial judges cited his and his family’s criticism of his arrest and detention.
The ruling specifically cited public speeches of Vice President Sara Duterte, who mentioned the idea of breaking her father out of the ICC Detention Center.
“The Chamber notes that Mr. Duterte’s daughter allegedly indicated on 19 August 2025 that Mr. Duterte had told her that he wishes to return to Davao City, should he be granted interim release, in contradiction with the Defense’s assertion that he would remain in the State he would be released to,” read the ruling.
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Composite photo shows the facade of the International Criminal Court and former President Rodrigo Duterte.
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“The foregoing illustrates Mr. Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution,” it added.
The judges also cited the former president’s political contacts and network of support in the Philippines, which they said could help him abscond and evade trial.
The ruling also cited the elder Duterte’s victory in the mayoralty race in Davao, where some of the crimes in the ICC case have allegedly occurred. Should the former president return to Davao, the judges said he “could be placed in the very position that allowed him to commit the crimes for which his arrest and surrender to the Court was initially sought.”
“Moreover, considering Mr. Duterte’s son’s position of power in the Philippines at one of the locations of the crimes alleged… the Chamber finds that this risk continues to exist even if Mr. Duterte would be released to a location that falls outside of the geographic scope of the alleged crimes,” it added.
Duterte’s son Sebastian was elected Davao City vice mayor and is currently serving as acting mayor.
Medical condition
The judges ruled that the documents presented by the defense in relation to his medical condition did not affect its decision against the interim release.
“The issue of fitness to stand trial is factually and legally distinct from the question of interim release,” read the decision.
“In this regard, and following a thorough review, the Chamber considers that the abovementioned documents do not indicate how Mr. Duterte’s alleged physical condition or cognitive impairment negate the risks identified above,” it added.
It said the defense’s arguments regarding Duterte’s medical condition were “mere extrapolation” of the documents and thus “purely speculative and without basis.”
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But the judges maintained that their determination of the impact of the medical report on the interim release is without prejudice to the separate matter of Duterte’s fitness to participate in the proceedings.
Meanwhile, the ICC Office of the Prosecutor has recommended the appointment of at least three independent experts to determine Duterte’s fitness to stand trial.
In a recent filing to the ICC Pre-Trial Chamber I, Deputy Prosecutor Mame Mandiaye Niang recommended appointing experts in the field of forensic psychiatry, neuropsychology and behavioral neurology.
“The Prosecution notes that these experts were each identified as suitable experts by the Registry independent of any recommendation by the Prosecution or the Defense and have confirmed their interest and availability to the Registry,” Niang said.
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He urged pre-trial judges to reject the proposed expert of the defense as her appointment could raise issues of potential bias.
“In order to maintain the impartiality of the panel, the Chamber should also instruct the parties and participants to refrain from any contact with the experts, unless authorized by the Chamber,” added the deputy prosecutor.
Duterte camp appeals ruling
Duterte’s defense lawyer Nicholas Kaufman earlier sought for the adjournment of proceedings, citing the deteriorating medical condition of the former president.
Kaufman specifically cited medical assessments supposedly showing cognitive decline, which he said renders Duterte unfit to stand trial.
Meanwhile, rights group Karapatan lauded the decision of the ICC, saying it is a victory for the victims of his war on drugs.
Karapatan secretary general Cristina Palabay said the ICC’s ruling affirmed the position of the survivors and the bereaved families of Duterte’s atrocities that there are just and reasonable grounds to hold the former president in detention.
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Palabay pointed out Duterte’s family and associates are using resources to undermine the ICC and go after witnesses and his victims.
She said Duterte’s legal loss is a product of the relentless campaign and work of the victims and their families, their lawyers, human rights groups and people’s organizations. – Emmanuel Tupas
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