ICC prosecutor opposes Duterte's renewed request for interim release

The Office of the Prosecutor of the International Criminal Court (ICC) has opposed the "renewed request for interim release" of former President Rodrigo Duterte from detention in The Hague.

In its submission to the Pre Trial Chamber 1 dated August 28 and released on September 12, Deputy Prosecutor Mame Mandiaye Niang asked the court to "reject" the defense's request, saying, "The continued detention of Mr Duterte remains necessary."

"The Prosecution refers the Chamber to its previous submissions in its Response to the Defence’s Initial Request for Interim Release regarding why Mr Duterte’s continued detention is necessary to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or court proceedings, and to prevent him from continuing with the commission of crimes or related crimes which are within the jurisdiction of the International Criminal Court and which arise out of the same circumstances," the prosecutor said.

According to the redacted document, there have been several events that "exemplify" why Duterte’s continued detention remains necessary, citing for one, "continued attempts by Mr Duterte’s family to delegitimise the proceedings before this Court."

"For example, on 19 July 2025, Sara Duterte, the current Vice President of the Philippines, spoke in front of a crowd in The Hague and was interviewed afterwards. During this event, she repeated the claim that Mr Duterte was 'kidnapped' by the ICC and stated that it was 'illegal' to bring him to the Court. She also told supporters, supposedly in jest, that she had discussed breaking Mr Duterte out of the ICC Detention Unit with a colleague," the prosecutor said.

"Also on 19 July 2025, while making a speech on the front steps of the ICC, Sara Duterte falsely claimed that the ICC was 'colluding' with the Government of the Philippines, which was paying for 'fake witnesses' in the case against her father," the prosecutor added.

The prosecution also highlighted Duterte's intention to return to his hometown Davao, "the same city where he reportedly pledged to 'double' the killings the 'moment [he] return[s]' if elected Mayor."

Duterte won mayor of Davao City in the May 2025 elections.

"These examples demonstrate a pattern of the Duterte family refusing to accept the legitimacy of the legal proceedings against Mr Duterte and should militate against granting his interim release," the document stated.

It also said that Duterte's release would "provide him with greater access to his associates and family who are actively attempting to interfere with the proceedings against him, including through [REDACTED]."

"The [REDACTED], [REDACTED], and Mr Duterte’s [REDACTED], place [REDACTED] at serious risk," it added.

The Prosecution said it would also "strongly oppose any application for Mr Duterte to attend the confirmation hearing remotely and notes with concern the Defence’s contradictory submissions that Mr Duterte could waive his right to appear at the confirmation hearing while simultaneously claiming that he is not competent to stand trial."

"None of the Defence’s submissions that Mr Duterte’s fitness nullifies the potential risks enumerated under article 58(1)(b) of the Statute are supported by the Defence Reports. Counsel for the Defence states that Mr Duterte’s [REDACTED]. Counsel further states that Mr Duterte’s [REDACTED] mean that he does not “[REDACTED] necessary to formulate and execute the continued commission of crimes”. None of these conclusions are findings of the Defence Reports. They are extrapolations by Counsel who do not possess the expertise to make such conclusions," the prosecution added.

Facing charges of crimes against humanity in connection with the killings under his war on drugs when he was mayor of Davao City and when he was president, Duterte was originally set to appear in a hearing set on September 23.

But the ICC, on September 8, postponed the commencement of the confirmation hearing following a request from the defense team for an indefinite adjournment of the proceedings alleging that Duterte was not fit to stand trial.—LDF, GMA Integrated News