Prosecutors oppose Rodrigo Duterte’s appeal for interim release

Prosecutors opposed former President Rodrigo Duterte’s appeal for an interim release, calling on the International Criminal Court’s (ICC) Pre-Trial Chamber I to junk the request. (AP Photo/Peter Dejong, Pool)

MANILA, Philippines — Prosecutors opposed former President Rodrigo Duterte’s appeal for an interim release, calling on the International Criminal Court’s (ICC) Pre-Trial Chamber I to junk the request.

READ: Rodrigo Duterte appeals for an interim release

In a 15-page filing dated June 23, Deputy Prosecutor Mame Mandiaye Niang argued that the continued detention of Duterte remains necessary. Among the submissions that the prosecution made are as follows:

• Duterte’s continued detention is necessary to ensure his appearance at trial

While the defense submits that Duterte is “committed to returning for trial when ordered” and argues that this “carries significant weight in militating against a finding of flight risk,” the prosecution recalled that Duterte himself told arresting officers that they would “just have to kill [him]” to bring him to The Hague and before the Court.

“Duterte’s proclamations that he would rather die than appear before the Court, or would finish ICC staff assisting with his arrest and transfer in a shootout, is not consistent with the behaviour of an individual committed to returning for his appearance at trial and casts doubt on his recently stated commitment,” said the prosecution.

• The continued detention of Duterte is necessary to ensure that he does not obstruct or endanger the investigation or court proceedings.

With the hearing for the confirmation of charges scheduled for September 23, 2025, the prosecution said they have a limited timeframe to continue their investigation, contact vital witnesses, complete disclosure, and make all other necessary preparations for the hearing.

The prosecution argued that Duterte could pose a risk of endangerment or obstruction of the ongoing investigation because of the possible opportunity to intimidate or threaten witnesses either directly or indirectly, through his associates or his family members.

• The continued detention of Duterte is necessary to prevent him from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

The defense earlier submitted that Duterte will not continue to commit crimes if released, but the prosecution countered this by recalling how the former president has reportedly previously stated that he planned to run for mayor of Davao City again in 2025 and pledged to “double” the killings the “moment I return”.

“As noted above, Duterte has since won the Davao Mayoral election and his family has consistently stated their intention to bring him home to the Philippines,” said the prosecution.

For these reasons, the prosecution — strongly opposing the former president’s appeal — submits that the conditions laid out by Duterte’s team, “cannot be practically or appropriately implemented.”

It then requested that the chamber reject Duterte’s urgent appeal for interim release.

READ: Videos, photos, 8000 pages, more evidence vs Duterte

The ICC currently has custody of Duterte after he was arrested on March 12 and sent to The Hague for crimes against humanity he allegedly committed during his administration’s bloody war against drugs, which left at least 6,000 people dead, but with human rights groups reporting at least 20,000 killed.

Duterte initially appeared before the chamber’s hearing on March 14 via video link./coa