Duterte seeks interim release from ICC detention

National

FORMER President Rodrigo Duterte has formally appealed for interim release from the custody of the International Criminal Court (ICC), seeking temporary stay in an undisclosed country that has reportedly expressed readiness to receive him.

In a court filing dated June 12, Duterte’s legal counsel, Nicolas Kaufman, stated that a specific government whose name was redacted in the document has already given its “advance and principled agreement” to host Duterte under any conditions the ICC may impose.

“Mr. Rodrigo Roa Duterte respectfully requests, in accordance with Article 60 of the Rome Statute, interim release to [REDACTED],” the submission read. The Government of [REDACTED] has expressed to the Defence its agreement to receive Mr. Duterte onto its territory for the term of his interim release.

Interim or provisional release allows a detained person to temporarily live outside ICC custody while the case is still under investigation. So far, the ICC has similar agreements with Belgium and Argentina, but other states may also host detainees under special arrangements.

Kaufman argued that Duterte does not meet any criteria that justify continued pre-trial detention. He said the former president is not a flight risk, would not interfere with proceedings, and is not in a position to commit further crimes.

The defense further highlighted that the ICC prosecution did not object to the interim release request. This, according to Kaufman, indicates that the prosecution recognizes there is minimal risk involved in Duterte’s release.

To assure the court, Duterte has agreed to several conditions, including avoiding any public statements or communication with anyone outside his family, and refraining from using the internet, mobile phones, or other electronic devices. His age and declining health were also cited as humanitarian grounds for release, with the receiving country described as having a “stable and suitable environment.”

The ICC issued an arrest warrant against Duterte on March 7, 2025 initially under seal and made public on March 11. Philippine authorities surrendered him the next day in compliance with the warrant. Duterte first appeared before the ICC via video link on March 14.

The charges against him include alleged crimes against humanity murder, torture, and rape linked to the controversial war on drugs. The ICC Pre-Trial Chamber believes there are reasonable grounds to hold Duterte “individually responsible as an indirect co-perpetrator” for these crimes committed between November 1, 2011 and March 16, 2019.

A confirmation of charges hearing has been set for September 23, 2025. The prosecution is expected to present 421 documents, nine photos, and nearly 16 hours of audio and video recordings as evidence in the case.

Duterte’s legal team is now awaiting the ICC’s decision on whether the former president can be released from detention under temporary and monitored conditions. (Fremelyn Bance, PIT Comm Intern)