DAVAO CITY, Philippines – The International Criminal Court (ICC) rejected the request for the interim release of former Philippine President Rodrigo Duterte saying his detention in The Hague is necessary for his pre-trial on charges over his controversial “war on drugs”.
The decision, issued on October 10 by the three-member Pre-Trial Chamber of the ICC, said Duterte’s lawyer failed to prove that his detention pose a detrimental effect to his health that would justify his release.
His lawyer Nicholas Kaufman had earlier filed the request for the former president’s release for humanitarian reasons, stating that 80-year old Duterte suffered from “cognitive decline” making him “unfit to stand trial”.
The Chamber also ruled that Duterte remains a flight risk and could pose a threat to potential witnesses in his case They also cited the statements of Duterte’s family against the ICC, in particular, Vice President Sara Duterte, who publicly stated she will stage a “jailbreak” to get her father out of detention.
They also noted her other statement indicating their family’s plan to elude prosecution.
“The Chamber notes that Mr. Duterte’s daughter allegedly indicated on 19 August 2025 that Mr. Duterte had told her that he wishes to return to Davao City, should he be granted interim release, in contradiction with the Defense’s assertion that he would remain in the State he would be released to,” their ruling noted.
The judges also point out the former president still holds influence in the Philippines that may help him evade trial, citing his victory in the Davao City’s mayoral race and his son Sebastian who now assumes the mayoral position in his absence.
“Moreover, considering Mr. Duterte’s son’s position of power in the Philippines at one of the locations of the crimes alleged… the Chamber finds that this risk continues to exist even if Mr. Duterte would be released to a location that falls outside of the geographic scope of the alleged crimes,” it added.
The Chamber rejected Kaufman’s appeal on medical grounds as “purely speculative and without basis” as the defense did not provide specific medical evidence to show that Duterte’s detention Is affecting his health and how their request for his release would address such concerns.
“The issue of fitness to stand trial is factually and legally distinct from the question of interim release,” read the decision.
They added that the former resident continues to have access to medical care in detention including psychiatric practitioners and nurses present in the detention center.
The ICC Office of the Prosecutor also recommended three independent medical experts to determine the former president’s medical condition.
The decision was welcomed by the families of the victims of Duterte’s drug war campaign, their lawyer Kristina Conti said.
“The judges have clearly listened to all parties, and most especially the victims, in its decision-making. We are relieved that this shows a fair amount of trust and respect for victims, often overlooked in international law, and a balanced consideration of arguments of the suspect/accused,” Conti said in her Facebook account.
She added that the denial of Duterte’s release is “mollifying,” and shows the lingering influence of the Duterte family.
“With the detention of Duterte, the mastermind, in the Netherlands, we expect victims and witnesses of the ‘war on drugs’ here in the Philippines to be more emboldened to participate. Perhaps, the victims of all his other crimes as well,” she said.
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The prosecution teams hope that the Chamber can set the pre-trial hearing soon to determine if Duterte will stand trial on the charges of crimes against humanity for leading the bloody campaign that killed thousands.
Meanwhile, Duterte’s son, Davao’s first district Representative Paolo Duterte slammed the ICC decision.
In his Facebook statement, he called the decision a “political theater” subject to political persecution. He maintained their continuing narrative that their father was “kidnapped”, but this time he blamed the American Central Intelligence Agency for conniving with their rivals.
“To all kidnappers of my father I will make sure that you will pay for this crime that you have committed. To the CIA who connived in this criminal act, my father’s kidnaping will not silence him… you might just have helped in making him a martyr,” Duterte’s son said. (davaotoday.com)
