ICC blocks Duterte’s bid for interim release

International Criminal Court (ICC) prosecutors and the legal counsel of drug war victims strongly opposed a renewed petition by the camp of former President Rodrigo Duterte seeking his interim release pending the court’s decision on whether he is still fit to stand trial.

Deputy Prosecutor Mame Mandiaye Niang argued that the condition proposed by Duterte’s lawyer, Nicholas Kaufman, to allow his client’s interim release would only cause additional delays to proceedings that have already been disrupted. This follows their earlier petition to indefinitely pause all court activities, including the pre-trial hearing, citing Duterte’s deteriorating health.

Duterte was scheduled to appear before the ICC judges on 23 September for the confirmation of three counts of murder for crimes against humanity filed by the prosecution against him. However, the hearing was postponed after the ICC granted Kaufman’s request.

“Given the significant delays caused by the defense, it cannot now, in earnest, point to a potential [REDACTED] delay to argue that the length of Mr. Duterte’s pre-trial detention militates in favour of his release,” Mandiaye Niang said in a filing dated 18 September but released only on Monday.

Lawyer Paolina Massidda, principal counsel for Duterte’s victims, echoed similar concerns, contending that there is “no justification to release the suspect.”

“Mr. Duterte is detained for cogent reasons in accordance with the criteria set out in the applicable articles and rules… None of these reasons has changed. There thus exists no basis for the chamber to release Mr. Duterte pending the confirmation of charges against him,” Massidda said in a separate submission.

The objections follow a fresh attempt by Kaufman to temporarily release the 80-year-old Duterte from ICC custody while the court has yet to determine whether he is physically incapable of participating in the proceedings.

Kaufman previously informed the court that the octogenarian is now suffering from impaired memory, which makes him unable to contribute to his own defense and renders his participation in the proceedings wholly ineffective.

Mandiaye Niang strongly objected to Kaufman’s request and suggested seeking a second opinion from a medical expert—selected by the prosecution team—to reassess whether Duterte is indeed incapable of standing trial.

Kaufman subsequently sought a reevaluation of Duterte’s condition by a medical professional, whose qualifications are unknown to the defense. The new findings, Kaufman said, confirmed the alleged impairment.

“Mr. Duterte’s cognitive impairment is sufficient to warrant litigation of the matter prior to the holding of the confirmation hearing,” Kaufman said in a new filing.

The defense argued that the court had been informed about Duterte’s fitness long before his initially scheduled appearance on 23 September. However, the prosecution persistently blocked this, causing delays in the court’s decision.

Mandiaye Niang, however, pushed back, asserting that Kaufman deliberately delayed filing by waiting five months—since Duterte’s arrest in Manila in March—before submitting the challenge regarding the ex-leader’s fitness to stand trial.

Furthermore, the prosecution maintained that keeping Duterte in ICC custody remains necessary, saying he is a “flight risk, is likely to interfere with the proceedings, and may commit further crimes.”

“Mr. Duterte’s offer [REDACTED] in no way lessens the risk he presents if granted interim release,” Mandiaye Niang said.

Kaufman has assured the ICC that an unnamed country has already agreed to host Duterte if he is granted interim release.

He also claimed that the potential host is willing to comply with and enforce any conditions the ICC might impose, such as restricting Duterte’s travel beyond court-approved territorial limits, ensuring that he would not contact victims or witnesses directly, and facilitating his return to the Netherlands if summoned by the court.