ICC grants Duterte request to add individual to non-privileged contacts list

The International Criminal Court (ICC) Trial Chamber III has granted the request of former President Rodrigo Duterte to include an individual, whose identity was redacted in the document, to his list of his non-privileged contacts.

In an 11-page document dated June 11, the Chamber directed the Registry to immediately inform it of any violation of the contact restrcitions in the decision, as well as of any relevant developments.

“In light of these circumstances, the Chamber finds that the current prohibitions on calls and visits between the Accused and [REDACTED] no longer seem necessary,” the ICC Trial Chamber said.

“The Chamber therefore orders the Registry to add [REDACTED] to the list of the Accused’s nonprivileged contacts, under the conditions as set forth in the previous decisions,” it added.

In its ruling, the Chamber said that a detained individual shall be entitled to receive correspondence, mail and packages, and to communicate by letter or telephone with his or her family and other persons and receive visits.

“The Chamber further recalls that the detainee’s right to privacy and family life is implicitly recognized under the Court’s statutory framework,” it said.

“Moreover, the right to privacy and family life is an internationally recognized human rights principle and thus also guides the Chamber’s interpretation of the Court’s legal framework by virtue of Article 21(3) of the Statute,” it added.

According to the chamber, the defense in May submitted a request for variation of contact restrictions seeking the chamber to permit contact between Duterte and the individual, subjected to active monitoring consistent with the Pre-Trial Chamber I’s direction.

The ICC Prosecution did not oppose the request, provided that the current contact restrictions remain in place. However, the chamber noted said that the Prosecution partly contested the defense’s arguments.

“Noting the absence of disagreement concerning the relief requested by the Defence, and having found that the requested variation of the contact restrictions shall be granted pursuant to the abovementioned circumstances, the Chamber finds that it is not necessary nor appropriate to address any of the remaining arguments,” it said.

Meanwhile, the Registry submitted that it had “no concern to report” since its last report in November 2025.

The Chamber also noted that the Common Legal Representatives of Victims did not submit their observations within the time limit.

The Chamber said it also finds it appropriate to extend the current contact restrictions, subject to the modifications set forth in the ruling.

The court set the start of Duterte’s trial for November 30, 2026. — RSJ, GMA News