A lawyer of former President Rodrigo Duterte has hinted at obstructions encountered in gathering information for Duterte’s temporary release from International Criminal Court (ICC) detention.

Lead lawyer Nicholas Kaufman asked the ICC to postpone a decision on his request for a temporary release, citing the need for additional documents and information that are still pending and essential to substantiate the application.

In an urgent request filed on 18 July before the ICC’s Pre-Trial Chamber, Duterte’s defense team said their ability to fully argue for Duterte’s temporary release has been hampered by difficulties in accessing vital information and securing authorization for an independent assessment.

Efforts slow-walked

The defense said ongoing efforts to obtain material from an undisclosed source have been “slow-walked and stymied” despite repeated attempts.

A crucial expert report, they added, remains incomplete due to what they described as a temporary obstruction that prevented their expert from conducting a key evaluation.

Without that report, the defense argued, they cannot adequately refute prosecution claims they believe to be “incomplete and prejudicial.”

They urged the chamber to either direct or strongly encourage the swift completion of these assessments, emphasizing the importance of a comprehensive evidentiary record before the court makes what they called a “crucial determination” on Duterte’s interim release.

The defense also noted that interim release applications were “typically encouraged” to be resolved within 30 days. Duterte’s motion was filed on 12 June.

Duterte is in ICC custody while facing charges of crimes against humanity, particularly murder, over his controversial anti-drug campaign.

Meanwhile, the ICC Office of the Prosecutor has strongly opposed the defense request to delay a ruling, arguing that the defense was fully aware its application was incomplete when it was filed.