Duterte lawyers cite falls, memory lapses in push to revisit ICC detention

Lawyers for former Philippine president Rodrigo Roa Duterte have asked the International Criminal Court (ICC) to reconsider his continued detention, citing a series of medical episodes that they say amount to a significant change in circumstances.

In a nine-page filing submitted on 8 May, the defense told Trial Chamber III that Duterte’s physical and cognitive condition has worsened in recent months, undermining earlier assessments that he posed risks of flight, obstruction, or interference with witnesses.

“Due to his recent episodes of loss of balance, the Defence submits that there exists a prima facie change in circumstances that warrants reconsideration of the Article 58(1)(b) risk factors,” the document stated.

According to the filing, Duterte has “lost his balance and collapsed several times” since his surrender to the ICC in March 2025, including one fall that led to hospital evacuation.

Internal communications cited in the document describe incidents of dizziness, unsteady gait, and uncertainty about prior medical procedures.

The defence said the ICC Detention Centre medical officer recently justified placing Duterte under continuous 24-hour video surveillance because he is “an elderly detained person, with increased fall risk due to age and several chronic physical ailments.”

Duterte’s lawyers also submitted new medical notes from March 2026 documenting forgetfulness, including an instance where he repeated basic information minutes apart and was unable to identify the current date.

They argue that such cognitive lapses contradict the Pre-Trial Chamber’s earlier finding that Duterte was sufficiently fit to stand trial.

Before filing a full motion seeking release or modified detention, the defence asked the chamber to order the ICC Registry to provide surveillance footage of Duterte’s falls and medical documentation relating to his monitoring.

These records, they said, are necessary “to properly assess the situation and [his] current physical condition.”

Duterte has been held at the ICC Detention Centre since 12 March 2025, when he was surrendered on charges of crimes against humanity over the killings linked to the Philippine drug war.

Earlier requests for interim release were denied twice by the Pre-Trial and Appeals Chambers.

Trial Chamber III had ordered all parties to submit observations on Duterte’s detention by 8 May.

A decision on whether the new health information justifies revisiting his detention is expected after the chamber receives responses from the prosecution and victims’ representatives.