DAVAO CITY, Philippines – The request of former President Rodrigo Duterte to postpone his trial at the International Criminal Court (ICC) due to health reasons, as well as his interim release, were both rejected by the ICC prosecutors.
The ICC had earlier postponed the confirmation hearings on September 23 after Duterte’s lawyer Nicholas Kaufman said Duterte suffered “cognitive difficulties” that impaired his memory and reasoning, making him “unfit to stand trial”.
But the prosecution said claims of memory loss does not prove that Duterte is unfit, as they cite ICC rulings that the participation of the accused only requires only a “broad understanding of the trial process with a comprehension of the general thrust of what is said in court.”
They also asked the ICC court to appoint an independent medical expert to evaluate the former president.
“The Prosecution is engaging its own medical expert(s) to assess Duterte. They also want the Court to consider appointing independent experts with experience in international trials,” the Office of Prosecutor said in a statement.
They urge the Court to keep the case on track, hoping that the confirmation of charges hearing can be done before the end of the year.
The former president was brought to the ICC last March to face charges of crimes against humanity for his role in the war on drugs campaign that abused and killed thousands of suspected drug users and pushers.
Meanwhile, the assistant to the prosecution Atty. Kristina Conti doubts the defense claim that Duterte’s mental condition is in decline, as she noted the interviews of Duterte’s children never made mention of his condition.
“… [P]inanood ko si Kitty [Duterte], sabi okay naman po si [President Duterte] at walang problema health-wise (I watched Kitty [Duterte] said [President Duterte] is okay and has no problem health-wise),” said Conti in an interview.
Interviews of Duterte’s children including Vice President Sara, Congressman Paolo and Acting Mayor Baste, in their recent visit to their father at the ICC center in The Hague can be found on a Facebook page of Duterte supporters based in The Netherlands.
The prosecution also rejected Duterte’s request for interim release, citing previous instances of the former president resisting arrest and threatening the ICC.
They also cited statements made by Sara Duterte as their reason to reject their requests. They point out one instance where Sara called on their supporters to stage a “jailbreak” of her father from ICC detention.
“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.
They also point out Sara also falsely claimed the ICC was “colluding” with the Marcos Jr. administration and paid “fake witnesses” against her father.
“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 prosecution said.
They also said Duterte’s intention to return to his hometown Davao poses risks given the family’s position against the trial.
Duterte supporters especially in Davao have staged activities recently urging the ICC to release Duterte.
But legal experts note that the ICC has rarely granted such requests given the gravity of such cases that involve violations of human rights.(davaotoday.com)
