ICC prosecutors oppose Duterte bid for interim release before trial

International Criminal Court (ICC) prosecutors have insisted that former president Rodrigo Duterte’s continued detention remains necessary, opposing fresh efforts by his lawyers seeking his interim release ahead of his trial for crimes against humanity of murder. 

In a submission dated 8 May, Deputy Prosecutor Mame Mandiaye Niang argued that there have been no changes in circumstances that would require the Trial Chamber III to amend the decision of the Pre-Trial Chamber to remand Duterte’s detention for being a flight risk.

This ruling was upheld unanimously by the Appeals Chamber in March.

Niang also cited the continued rejection by the Duterte family, his lawyers, and allies of the legitimacy of the proceedings, which further fueled concerns that the 81-year-old ex-leader may evade detention and prosecution once released.

Specifically, he referenced Vice President Sara Duterte’s statement that there is “no way” that the ICC will drop the case against his father, as well as that of former chief presidential legal counsel Salvador Panelo that the court has to “justify its existence” at the expense of the former president. 

“These examples demonstrate an ongoing effort to reject the legitimacy of the legal proceedings against him. His detention, therefore, continues to be necessary to ensure his appearance at trial pursuant to Article 58(1)(b)(i) of the [Rome] Statute,” Niang said in the filing. 

Duterte’s lead legal counsel, Nicholas Kaufman—although already withdrawing from the case—sought a review of his client’s continued detention, citing recent episodes of loss of balance. 

He said this could be verified through video footage possibly retained by the ICC detention center, given that Duterte is subject to 24/7 surveillance due to his advanced age. 

Aside from loss of balance, Duterte also collapsed several times in his detention cell and has been at risk of falling due to multiple chronic medical conditions, according to Kaufman. 

“Mr. Duterte has indeed informed his legal team and his immediate family that he has experienced frequent episodes of falls occasioned by a loss of balance. This is supported by medical information that was recently released to the Defence on 2 April 2026,” Kaufman said in a separate filing. 

As a result, he insisted that Duterte cannot actualize the risk factors Article 58(1)(b) of the Rome Statute, which outlines the grounds for continued detention.

This includes being a flight risk, likely to reoffend on the crimes, obstructing the judicial proceedings, and intimidating witnesses.

“An individual whose short-term memory is impacted is not capable of remembering sufficient details for the purpose of instructing others to tamper with witnesses or to pervert the course of justice,” Kaufman argued.

Niang, however, disputed Kaufman’s claims, contending that the gravity of the charges and the prospect of a lengthy prison sentence were relevant considerations in decisions on interim release.

“For the above reasons, the prosecution respectfully requests that the Chamber order the continued detention of Mr. Duterte in accordance with Articles 60 and 58(1) of the Statute,” Niang countered. 

Kaufman has long argued that the risk factors under the said provisions no longer apply to Duterte, citing his “frail” condition, which warrants his urgent temporary release from ICC detention, where he has been detained since his arrest on 11 March last year. 

Recently, the PTC I ruled that there are “substantial grounds” to believe that Duterte is criminally responsible for the alleged extrajudicial killings linked to his deadly drug war.

This includes the killings of 78 individuals, including six children, allegedly suspected of drug dealings from 2013 to 2018, spanning his tenure as Davao mayor and as president.

It also covered the killings by the so-called Davao Death Squad, which was founded and headed by Duterte, as alleged by prosecutors.

ICC records showed that Duterte and his co-perpetrators executed a “common plan” to “neutralize” individuals perceived or alleged to be associated with drug use, sale, or production in the Philippines during his stint as Davao mayor and later as president. 

The scheme involves systematic killings, torture, murder, and other crimes.

Among his co-perpetrators is Senator Bato de la Rosa, the former PNP chief, who allegedly saw the summary killings. An ICC warrant was reportedly out for De la Rosa on Saturday, although there is no confirmation yet from the tribunal.