RODRIGO DUTERTE IN ICC CUSTODY

Prosecutors of the International Criminal Court (ICC) have denied agreeing to the interim release of former Philippine President Rodrigo Duterte to an unspecified country, citing “insurmountable logistical challenges” and “significant security concerns for witnesses and the integrity of court proceedings.”

In a filing made public on Tuesday, the prosecution directly refuted the defense’s claim that they had not opposed the interim release. “No agreement whatsoever was reached with the Defence on conditions of interim release to any country other than (REDACTED),” the prosecution stated, adding that they “cannot agree not to oppose a specific submission before the submission has been filed by the Defence and reviewed by the Prosecution.”

The prosecution deemed the host country proposed by Duterte’s counsel, Nicolas Kaufman, as “inappropriate.” Their reasons include:

• Lack of cooperation history: The proposed country does not share an “extensive history of cooperation with the Court,” raising doubts about the strict enforcement of release conditions.
• Practical difficulties: The immense distance to The Hague would make it “impossible” to manage Duterte’s mandated appearances for the confirmation of charges hearing scheduled for September 23, 2025. The time and complexity of securing his attendance from such a distant location would likely “outlast the period of interim release.”
• Security concerns: Doubts were raised about the unnamed country’s capacity to uphold security-related conditions during Duterte’s stay.
• Absconding risk: The prosecution dismissed the defense’s argument that Duterte would not abscond due to fear of embarrassing his host country as “highly unpersuasive.” They cited his “documented history of making disparaging and insulting remarks about heads of state and world leaders,” which they believe undermines claims of his deference.

The ICC prosecutors emphasized that Duterte’s continued detention is necessary to ensure his appearance at trial and to prevent him from obstructing or endangering the investigation or court proceedings. They noted that Duterte “does not accept the legitimacy of the legal proceedings against him” and that his “political position and international contacts, as well as his financial situation and resources ‘may be a factor that would enable them to abscond’.”

Concerns were also raised about Duterte’s potential to interfere with and intimidate witnesses if released. The prosecution highlighted his election as Davao City mayor and his children’s political positions as indicators of his, his family’s, and associates’ “capability of influencing and harming witnesses.” They cited past instances of alleged intimidation against former senator Leila de Lima and self-confessed hitman Edgar Matobato, as well as Duterte’s public threats against opponents of his war on drugs.

Responding to the defense’s assertion that Duterte would “not continue to commit crimes if released,” the prosecution pointed to Duterte’s previous statements about planning to run for Davao City mayor in 2025 and having “pledged to ‘double’ the killings the ‘moment I return’.” While the defense reportedly took issue with reliance on a news article for this claim, the prosecution noted that the defense “notably, does not dispute that Mr. Duterte made these comments.”

Duterte’s camp formally submitted their request for interim release on June 12, citing humanitarian factors, including his age (80 years old), and arguing he is not a flight risk. ICC-accredited lawyers, including Joel Butuyan and Kristine Conti, have previously expressed “great concern” that granting such a request could lead to witnesses going into hiding or refusing to testify due to fear.

The ICC had earlier rejected Duterte’s application to disqualify two judges hearing the jurisdiction issue in his case. Duterte was arrested on March 11 upon his arrival from Hong Kong, pursuant to an ICC warrant related to its probe into his “war on drugs.” He was brought to The Hague the same day and appeared via video link before ICC judges on March 14. He is set to attend a confirmation of charges hearing on September 23.

Meanwhile, Vice President Sara Duterte recently confirmed while on a personal trip to Australia that her father’s lawyers are considering Australia as one of the countries for his possible interim release. She stated her visit was also to engage the Filipino community about the ICC case and the Marcos administration’s performance, though she was unable to meet with Australian government officials during this visit.