The legal team of former President Rodrigo Duterte has asked the Marcos administration to allow his return to the Philippines if he is granted an interim release.

This comes after the International Criminal Court (ICC) postponed the confirmation of charges hearing of Duterte originally scheduled for 23 September to assess if the 80-year-old former leader is physically and mentally fit to follow trial proceedings.

Nicholas Kaufman, Duterte’s defense counsel, said the team hopes the administration would allow Duterte to come home “with dignity” on an interim release while the legal process continues.

“The Defense sincerely hopes the current administration, which deemed it fit to outsource its obligation to ensure the former president a fair trial in his country of birth, will now let him return home for the purpose of interim release until the end of all legal proceedings,” Kaufman said.

He added that the team has been struggling with Duterte’s “progressively deteriorating medical situation,” which has affected his ability to absorb evidence and properly instruct his lawyers.

Kaufman said the request is backed by medical experts.

“All parties — Prosecution, Defense and the Office of the Public Counsel for Victims — agree that this matter requires judicial determination. Any suggestion otherwise would be a malicious insult to those involved. While the former president remains in good spirits, his age and detention conditions have taken a toll,” he said.

Malacañang has yet to comment on the request.