Duterte defense submits new medical findings in renewed bid for ICC interim release

The defense of former president Rodrigo Duterte has submitted new findings prepared by medical experts hired by his camp to the International Criminal Court (ICC), seeking to bolster their longstanding claim that the 80-year-old is “emanciated, infirm and incapacitated,” and therefore eligible for interim release.

In a 12-page submission dated January 9, Duterte’s lead legal counsel, Nicholas Kaufman, told the court that his client no longer has the capacity to function “without constant assistance” and is already too weak to actualize the risk factors under Article 58(1)(b) of the Rome Statute, which outlines the grounds for continued detention.

This latest appeal marks the defense’s nth bid for interim release following the ICC’s repeated denial of earlier motions.

The submission specifically challenges the ICC Pre-Trial Chamber I’s rejection of the first request for interim release in October, which cited the continued risk of flight and obstruction of proceedings. The Appeals Chamber upheld the ruling in November.

Kaufman has consistently argued that these risk factors no longer apply to Duterte and that his “frail” condition warrants interim release from ICC detention pending the confirmation of his murder charges.

In the recent filing, Kaufman said there is an urgent need for the chamber to revisit its earlier decision in accordance with the court’s rules, particularly in light of Duterte’s alleged debilitating cognitive condition.

Under ICC rules, the chamber is required to review every 120 days, or four months, whether a detainee should remain in custody or be released. The chamber may modify its ruling on detention or release if it determines that circumstances have materially changed.

According to Kaufman, the new medical findings support the defense’s claim that Duterte is physically and mentally incapable of evading prosecution should he be granted temporary release.

He further argued that Duterte’s impaired cognitive condition makes it difficult for the former president to threaten witnesses or interfere with the investigation—contrary to the findings cited by Pre-Trial Chamber I in denying provisional release.

“These capacities are either clearly compromised or, at a minimum, practically unavailable to him in his current condition,” the filing read.

Kaufman also claimed that the chamber failed to adequately consider Duterte’s cognitive condition in its October ruling, warranting a reassessment based on updated expert reports.

The ICC had earlier commissioned its own panel of medical experts to evaluate Duterte’s fitness to stand trial after the defense petitioned for an indefinite suspension of proceedings, citing the former president’s age and declining health.

That report, which has not yet been made public, concluded that Duterte remains capable of undergoing trial despite the defense’s assertions.

Pre-Trial Chamber I has yet to rule on whether Duterte is physically and mentally fit to participate in the proceedings, though the defense has expressed concern that the court-appointed medical findings could influence the outcome.

“The new medical evidence is proffered in order to assist the Pre-Trial Chamber in assessing whether Mr Duterte’s medical condition sufficiently mitigates his capacity to actualise the statutory risk factors, such that his release to the State Party that has expressed its willingness to receive him may now be contemplated,” Kaufman said.

“In light of all the aforementioned, the Pre-Trial Chamber is requested to order the interim release of Mr. Duterte on the same terms and conditions as proffered in the originating request, with any additional undertaking, guarantee, or requirement deemed appropriate,” the filing added.

Both ICC prosecutors and lawyers representing victims of Duterte’s anti-drug campaign have strongly opposed the defense’s claims.

Deputy Prosecutor Mame Mandiaye Niang said Duterte’s alleged deteriorating health is “consistent with the natural process of aging,” while victims’ principal counsel Paolina Massida accused the defense of exaggerating his condition to delay proceedings.

Duterte’s pre-trial hearing was originally scheduled for September 23 but was postponed indefinitely to allow for an assessment of his fitness to stand trial.

For now, Duterte remains detained at Scheveningen Prison in The Hague, the Netherlands, where he has been held since his arrest in Manila on 11 March.