ICC rejects Duterte bid for interim release

The International Criminal Court (ICC) has rejected the request of former President Rodrigo Duterte's defense counsel to grant interim release to the former leader facing charges of crimes against humanity for murder and attempted murder before the tribunal.

In a 23-page decision on the defense counsel's request for interim release, all three magistrates of the ICC Pre-Trial Chamber I found that Duterte's detention continued "to remain necessary under article 60(2) of the Statute based on each of the requirements set by article 58(1) of the Statute." The decision was dated September 26. 

Included in the decision was Duterte's contention against his arrest and detention, his family's demands that he should be brought back to the Philippines, and remarks by his daughter, Vice President Sara Duterte, on breaking the former president out of ICC detention.

READ: Public redacted copy of the ICC decision on Duterte's urgent request for interim release

"With regard to the need to ensure Mr. Duterte’s presence at trial, the Chamber recalls that Mr Duterte has, from his initial appearance, contested his arrest and detention, qualifying it as a pure and simple kidnapping," the tribunal said.

"In addition, his family not only physically resisted, but also publicly voiced criticism regarding his arrest and detention, and demanded that he should be brought back to the Philippines," it added.

"More specifically, the Chamber notes that, on 19 July 2025 Mr. Duterte’s daughter mentioned in public speeches the idea of breaking Mr Duterte out of the ICC Detention Centre, and attempted to delegitimise the Court’s proceedings against Mr Duterte, citing collusion between the Court and the government of the Philippines as well as the use of 'fake witnesses,'" the ICC said.

In July, the vice president alleged that fake witnesses will be presented in her father's ICC case.

The chamber also cited that she allegedly indicated on August 19, 2025 that Mr. Duterte had told her he wished to return to Davao City, should he be granted interim release, in contradiction with the Defence’s assertion that he would remain in the state to which he would be released.

"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," the ICC said.

The ICC said that Duterte appears to have "the necessary political contacts" and appears to benefit from a network of support in the country that may help him abscond.

It said this is further supported by Duterte’s win as mayor of Davao in the 2025 elections.

The chamber also said it does not need to assess whether Duterte has taken steps to contact or intimidate witnesses, saying that the former president’s history shows that he is able to and has the means.

According to the chamber, there is a risk that Duterte would pose a threat to potential witnesses, either directly or indirectly, through his supporters.

GMA News Online has requested comment from Sara Duterte through the Office of the Vice President regarding the ICC decision.

Appeal filed

Nicholas Kaufman, Duterte's lead defense counsel, said the former president's camp already appealed the September 23 decision "a week ago."

"The Defence considers that the decision to dismiss unprecedented State guarantees for a debilitated and cognitively-impaired 80 year-old, kept from the public eye for more than six months, to be erroneous," Kaufman said.

READ | TIMELINE: Legal battle at ICC over Duterte's drug war

As this developed, the Pre-Trial Chamber said it believes that should Duterte be released, he would continue committing the crimes charged against him, noting that he pledged to double the killings if he were elected again as mayor in 2024.

"The Chamber recalls that some of the crimes alleged in the Warrant of Arrest and under Count 1 in the DCC were allegedly committed when Mr. Duterte held the position of Mayor of Davao City," it said, referring to the document containing charges.

"As such, should he return to Davao City, Mr Duterte would 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," it added.

Cognitive impairment

The chamber also said the claims that Duterte is suffering from cognitive impairment does not affect its decision on his detention.

"However, the issue of fitness to stand trial is factually and legally distinct from the question of interim release," it said.

In their submission of medical reports, Duterte's defense team previously said the reports of ICC medical officer corroborated the findings of their camp's intended expert neuropsychologist that Duterte has "cognitive impairment."

'Appropriate' healthcare in detention

Meanwhile, the chamber rejected the Duterte’ camp’s argument that he should be released for humanitarian reasons.

It said that the defense limited its argument to his age and his medical reports, but it does not explain how his detention is so detrimental that it justifies his release.

The chamber also noted that Duterte enjoys the right to medical treatment.

"Nothing in the Request indicates that this would not be sufficient to ensure that Mr Duterte receives the appropriate medical attention and care in detention," it said.

"In addition, the Court has put in place measures to ensure that Mr Duterte’s right to family life is guaranteed. Notably, he may receive visits from and call his family members [REDACTED]," it added.

Requesting interim release

Duterte's camp first requested his interim release to an undisclosed country in June, arguing that the former president is not a flight risk. It also cited humanitarian considerations for the interim release request, saying that Duterte is already 80 years old.

The former president's team later requested the chamber to suspend its decision until his defense lawyers have collated all the needed supporting information.

In August, his camp reiterated his request for interim release. 

The decision rejecting the interim release bid was signed by Presiding Judge Iulia Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge Marîa del Socorro Flores Liera.

The ICC Prosecutor has charged Duterte with murder and frustrated murder over 49 incidents in his war on drugs when he was mayor of Davao City and as President of the Philippines. The former president's confirmation of charges hearing was previously scheduled on September 23.

On the strength of a warrant issued by the ICC, authorities arrested Duterte in Manila upon his return from Hong Kong on March 11. 

Duterte is currently detained at the Hague Penitentiary Institution or the Scheveningen Prison on charges of crimes against humanity in relation to his administration’s drug war, which killed over 6,000 drug suspects in police operations per government records. 

However, human rights organizations estimate the death toll may have reached 30,000 due to unreported incidents.

Duterte has denied the allegations against him. – NB/ VDV, GMA Integrated News