MANILA – The International Criminal Court (ICC) prosecution has opposed former president Rodrigo Duterte’s latest bid for interim release, warning that his continued detention is necessary in light of recent threats and public statements from the Duterte family challenging the court’s authority.
In a filing dated August 28 and released on September 12, ICC Deputy Prosecutor Mame Mandiaye Niang urged Pre-Trial Chamber I to reject Duterte’s “renewed request for interim release,” citing risks of obstruction and the possibility of further crimes.
“The continued detention of Mr. Duterte remains necessary,” the prosecutor said, adding it ensures his appearance at trial, prevents interference, and guards against the prospect of fresh offenses.
The prosecution pointed to “continued attempts by Mr. Duterte’s family to delegitimize the proceedings before this Court,” citing Vice President Sara Duterte’s remarks during a July 19 rally in The Hague.
“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 noted.
The filing added: “Also on 19 July 2025, while making a speech on the front steps of the ICC, Sara Duterte falsely claimed that the ICC was ‘colluding’ with the Government of the Philippines, which was paying for ‘fake witnesses’ in the case against her father.”
Concerns were also raised over Duterte’s recent election as Davao City mayor. According to the prosecution, he had vowed to “double” the killings “the moment [he] return[s]” if he won the post.
“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,” it said.
The filing argued release would give Duterte greater access to associates and relatives “actively attempting to interfere with the proceedings against him, including through [REDACTED].”
The prosecution likewise objected to any plan for Duterte to attend hearings remotely. “The Prosecution said it would also ‘strongly oppose any application for Mr. Duterte to attend the confirmation hearing remotely and notes with concern the Defence’s contradictory submissions that Mr. Duterte could waive his right to appear at the confirmation hearing while simultaneously claiming that he is not competent to stand trial.’”
It stressed the defense arguments were unsubstantiated: “None of the Defense’s submissions that Mr. Duterte’s fitness nullifies the potential risks enumerated under article 58(1)(b) of the Statute are supported by the Defense Reports. Counsel for the Defense states that Mr. Duterte’s [REDACTED]. Counsel further states that Mr. Duterte’s [REDACTED] mean that he does not ‘[REDACTED] necessary to formulate and execute the continued commission of crimes’. None of these conclusions are findings of the Defense Reports. They are extrapolations by Counsel who do not possess the expertise to make such conclusions,” Niang said.
Duterte is facing crimes against humanity charges over killings linked to his war on drugs during his years as Davao City mayor and as president.
His confirmation hearing, originally set for September 23, was indefinitely postponed on September 8 after his lawyers claimed he was unfit to stand trial./PN
