ICC rejects Rodrigo Duterte’s interim release bid

[Updated Oct. 10, 2025, 8:25 p.m.]

MANILA, Philippines — The International Criminal Court’s Pre Trial Chamber I rejected former President Rodrigo Duterte’s appeal for interim release. 

In a 23-page ruling issued on Friday, the chamber noted that it found that Duterte’s detention “remains necessary based on three grounds under the Rome Statute: (1) to ensure his appearance at trial; (2) to prevent him from obstructing the investigation or the proceedings, and (3) to stop potential commission of further crimes.

To determine if Duterte will abscond, thus missing his trials, the Chamber took note of Duterte’s repeated rejection of the Court’s authority as he and his supporters called his arrest “pure and simple kidnapping.”

The Chamber mentioned the public statements and actions of his family, including Vice President Sara Duterte and supporters.

“More specifically, the Chamber notes that, on 19 July 2025, Mr. Duterte’s daughter mentioned in public speeches the idea of breaking Mr. Duterte out of the ICC Detention Centre,” the Chamber said.

It also took note of the accusations that the ICC is colluding with the Philippine government, “as well as the use of ‘fake witnesses.”

The Chamber also mentioned of the vice president’s statement that once granted interim release, her father wishes to return to Davao City, his hometown which contradicts the statement of his counsel, Atty. Nicholas Kaufman that the former leader agreed to remain at the country where he will be released.

“The foregoing illustrates Mr. Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution,” the Chamber said.

On allowing his interim release on the ground of humanitarian consideration because of age and ill-health, the chamber said such arguments are “speculative and without basis,” adding that ill health “may be a factor” but did not outweigh the grounds for continued detention.

“The chamber considers that the documents do not indicate how Duterte’s alleged physical condition or cognitive impairment negate the risks identified,” the filing states. 

The chamber likewise argued that the defense’s argument limits itself to the fact  ‘Mr Duterte is 80 years old, without substantiating how detention is so detrimental that it justifies his release. 

“Similarly, it does not explain to what extent Mr Duterte [REDACTED] and how that would justify his interim release,” said the chamber.

On the risk of committing crimes and obstructing justice, the Chamber took note of the fact that the elder Duterte still has the means to obstruct the proceedings against him, given the fact that he was elected again as Mayor of Davao City in the recent election.

Given his re-election in the place where the alleged crimes against humanity  were committed, the Chamber said Duterte’s release puts him “in the very position that allowed him to commit the crimes for which his arrest and surrender to the Court was initially sought.”

The Chamber added that Duterte’s release would also put the witnesses against him in danger, adding that even if Duterte does not return to his hometown, his son, Sebastian Duterte, was elected Vice Mayor of Davao City.

“Considering Mr. Duterte’s son’s position of power in the Philippines at one of the locations of the crimes alleged in the Warrant of Arrest…the Chamber finds that this risk continues to exist even if Mr. Duterte would be release to a location that falls outside of the geographic scope of the alleged crimes,” the Chamber said.

The Chamber also pointed out that Duterte enjoys the right to medical treatment: pursuant to regulation 103(4) of the Regulations, ‘[a] qualified medical officer with experience in psychiatry shall be available to attend the detention center’ and ‘[a] nurse shall be present at the detention center at all times’. 

“Nothing in the request indicates that this would not be sufficient to ensure that Mr. Duterte receives the appropriate medical attention and care in detention,” the chamber emphasized.

With these, the ICC Pre-Trial Chamber I rejected Duterte’s appeal for interim release, including his amici curiae requests, and in the end ordered his continued detention. 

The ICC currently has custody of Duterte after he was arrested and sent to The Hague for crimes against humanity he allegedly committed during his administration’s bloody war against drugs. 

The anti-drug campaign dubbed as Oplan Tokhang left at least 6,000 people dead, but human rights groups have reported at least 20,000 killed.

His legal counsel, Nicholas Kaufman, earlier told the ICC that Duterte is suffering from cognitive deficiencies and at present is unable to recall events, places, and even members of his close family and defense team. /mr