MANILA — The International Criminal Court (ICC) has ordered the continued detention of former President Rodrigo Duterte, ruling that the disclosure of prosecution witnesses and their expected testimony has heightened the risk that he could interfere with witnesses or court proceedings ahead of his November 30 trial.
Trial Chamber III unanimously rejected any modification of Duterte’s detention arrangements following its third status conference on Wednesday, finding that risks of him absconding or obstructing or endangering the proceedings remain.
The judges particularly cited the prosecution’s submission of its witness and evidence lists, which revealed the identities of witnesses and details of their expected testimony.
“In respect of the latter considerations, owing to the Prosecution’s submission of the Witness and Evidence Lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the Accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” the decision read.
The chamber said Duterte’s lawyers failed to present new facts or changed circumstances sufficient to warrant altering the previous detention order.
The ruling keeps the former president at the ICC Detention Centre in Scheveningen, The Hague, as preparations intensify for his trial on crimes against humanity charges stemming from alleged killings linked to his anti-drug campaign.
The chamber also noted that it has yet to resolve the separate question of Duterte’s fitness to stand trial.
His defense has sought “greater medical certainty” and disputed findings of an expert panel that examined his condition.
Acting ICC Prosecutor Mame Mandiaye Niang had urged the chamber to maintain Duterte’s detention, arguing that it remained “necessary” to prevent possible interference with witnesses.
In an observation submitted on September 14, Niang said “there has been no change” in Duterte’s circumstances that would justify modifying the earlier detention ruling.
“To the contrary,” Niang wrote, “there have been changes in circumstances that have increased the risk Mr. Duterte presents under articles 58(1)(b)(i) and (ii) of the Statute.”
The provisions cited by the prosecutor deal with ensuring an accused person’s appearance at trial and preventing obstruction or endangerment of an investigation or court proceedings.
The detention ruling came as Duterte personally appeared before Trial Chamber III during Wednesday’s status conference — his first in-person appearance before the court since his detention.
Duterte was already seated inside the courtroom when the judges entered and, unlike during two previous hearings, did not waive his appearance.
“This is the first time that Mr. Duterte has been in this court. As far as the trial chamber is concerned, if he wishes to leave for any reason, he may do so,” Presiding Judge Joanna Korner said.
The status conference also dealt with preparations for Duterte’s trial, including the prosecution’s witnesses and evidence and the time needed to present its case.
The trial is scheduled to begin on November 30.
Duterte faces crimes against humanity charges over alleged killings connected to his anti-illegal drug campaign during his tenure as Davao City mayor and later as Philippine president.
He was arrested in March 2025 at Terminal 3 of the Ninoy Aquino International Airport and transferred to The Hague, where he has since been detained./PN
