The Office of the Prosecutor of the International Criminal Court (ICC) has opposed former President Rodrigo Duterte’s request for an interim release ahead of his pre-trial hearing scheduled for 23 September.

In a 15-page document dated 23 June, ICC Deputy Prosecutor Mame Mandiaye Niang outlined the potential consequences of granting Duterte a temporary release, warning that he may not return for trial.

Niang cited Duterte’s resistance to arrest and the statements of his family claiming that he was “kidnapped” by the tribunal.

“A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape. Mr. Duterte, his family, vocal supporters, and counsel all consider him a victim of kidnapping or abduction,” Niang wrote.

Earlier, Duterte’s lawyer, Nicholas Kaufman, petitioned the ICC to grant his client a temporary release, arguing that Duterte posed no flight risk, will not obstruct the investigation, and is unlikely to commit further crimes.

Kaufman also informed the court that an unnamed country had agreed to host Duterte if he were released.

However, Niang countered that Duterte’s children — Vice President Sara Duterte, Davao Representative Paolo Duterte, and Davao City Mayor Sebastian Duterte — remain politically influential.

Combined with the support of Duterte’s allies and mass following, this influence could be used to intimidate witnesses and interfere with the ongoing investigation, he said.

The prosecution also warned of a strong possibility that Duterte might continue to commit crimes. Niang cited a news article in which Duterte allegedly vowed to double the killings if he were to return as mayor of Davao City.

“As noted above, Mr. Duterte has since won the Davao mayoral election, and his family has consistently expressed their intention to bring him home to the Philippines. The Prosecution maintains that Mr. Duterte’s continued detention is necessary,” the document stated.

Duterte, 80, has been detained at the Scheveningen Prison in The Hague since his arrest in March in Manila. He is expected to remain in custody until the confirmation of charges hearing on 23 September.

He faces a single count of crimes against humanity related to killings that occurred between 1 November 2011 and 16 March 2019, covering his time as Davao City mayor and as president.

While the government recorded over 6,000 drug-related deaths during Duterte’s presidency, human rights organizations estimate the real toll could exceed 30,000.