MANILA – The International Criminal Court (ICC) has decided to put on hold any ruling on former President Rodrigo Duterte’s request for interim release, citing the defense team’s failure to submit complete documentation necessary to resolve the plea.
In a majority ruling, the ICC’s Pre-Trial Chamber I resolved to defer judgment until further action is undertaken by the defense or until the Chamber deems otherwise. This move effectively stalls Duterte’s bid for temporary freedom as he faces charges of crimes against humanity over drug war killings during his tenure as Davao City mayor and Philippine president.
“Accordingly, and to ensure that a decision on the Interim Release Request is appropriately informed, the Majority considers it appropriate, in the circumstances, to defer the issuance of its decision on the interim release request until further action is undertaken by the defense on the matter, or until when the Chamber will deem it appropriate,” the decision read.
Presiding Judge Iulia Antoanella Motoc and Judge Reine Adélaïde Sophie Alapini-Gansou voted to defer the ruling, while Judge María del Socorro Flores Liera dissented.
“Interim release proceedings pursuant to article 60(2) of the Rome Statute may exclusively be triggered by the ‘person subject to a warrant of arrest,’ who preserves the right to submit a request for interim release, or not, at any point in time ‘pending trial’,” the Chamber clarified.
“The Majority emphasizes that the present decision shall not be construed as prejudging any matter to be determined in the context of the proceedings related to the interim release request, including in its eventual decision thereon.”
The decision followed a redacted public version of Duterte’s interim release request, initially submitted on June 12, 2025 by his lawyer, Atty. Nicholas Kaufman, and published on July 18. The defense asked the Chamber to withhold judgment on the interim release plea until certain key documents—unavailable in the public version—are provided to both the court and the defense team.
“At the time Mr. Duterte’s request for interim release was submitted on 12 June 2025, the Defense had been, for some time, seeking to obtain [REDACTED]… The Defense’s attempts to obtain [REDACTED] over the course of two months have, for the most part, been slow-walked and stymied,” the defense filing stated.
The legal team also disclosed that the request involved Duterte’s release to an unnamed country that has allegedly agreed to receive him—details of which were withheld from the public document posted on the ICC’s website.
“Mr. Duterte does not meet any of the conditions to warrant further pre-trial detention as provided in Article 58(1)(b). He does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody,” Kaufman asserted./PN
