Jamaine Punzalan

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Carmelle Lacuata

ABS-CBN News

<p>MANILA<strong> (UPDATED)</strong> — The Pre-Trial Chamber of the International Criminal Court (ICC) has rejected the request of the defense team of former Philippine president Rodrigo Duterte for interim release.</p><p>In its <a href="https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180cbe5dd.pdf" rel="noopener noreferrer" target="_blank">decision</a> released Friday, the Pre-Trial Chamber said Duterte’s detention “continues to remain necessary”, reiterating what it has previously argued.</p><div><strong>APPEARANCE AT TRIAL</strong></div><p>The Chamber said Duterte’s continued detention is necessary to ensure his appearance at trial, since the latter, “from his inital appearance, contested his arrest and detention, qualifying it ‘as a pure and simple kidnapping.”</p><p>“In addition, his family not only physically resisted, but also publicly voiced criticism regarding his arrest and detention, and demanded that he should be brought back to the Philippines,” the Chamber added.</p><p>Also mentioned to support its decision are the various speeches given by Duterte’s daughter, Vice President Sara Duterte, about the idea of “breaking Mr Duterte out of the ICC Detention Centre,43 and attempted to delegitimise the Court’s proceedings against Mr Duterte, citing collusion between the Court and the government of the Philippines as well as the use of ‘fake witnesses’. “</p><p>The Chamber also noted that Duterte himself has expressed his wish to returnt o Davao City should he be granted interim release, which is contrary to what the defense said that he would remain in the state he would be released to.</p><p>“The foregoing illustrates Mr Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution,” the Chamber explained.</p><div><strong>OBSTRUCTION OF INVESTIGATION</strong></div><p>The Chamber, likewise, refuses to grant the interim release request because it believes that the risk of Duterte obstructing or endangering the investigation of the Court proceedings remains, as his and his associates’ “history shows that he is able and has means, either directly or through his associates, to obstruct proceedings against him.”</p><p>“Notably, the Chamber notes Mr Duterte’s alleged involvement in briefing a witness due to testify before the Philippines Senate’s inquiry into the Davao Death Squad, as well as threatening and taking retaliatory actions against individuals opposed to him, which, in the Chamber’s view, indicate Mr Duterte’s propensity to interfere with investigations against him,” it added.</p><p>The Chamber also said Duterte is facing serious charges brought against him, and “might be imposed a lengthy sentence” if confirmed and convicted following trial, thus, “Mr. Duterte would have a strong incentive to influence the Prosecution’s witnesses before the start of any trial.”</p><p>Contrary to the defense’s assertion, the Chamber also believes Duterte, should the interim release be granted, would pose a threat to potential witnesses, “either directly or indirectly through his supporters”.</p><p>“The Chamber therefore finds that the requirement of article 58(1)(b)(ii) of the Statute is also fulfilled, and that the continued detention of Mr Duterte is justified at this stage of the proceedings in order to ensure that the suspect does not obstruct or endanger the investigation or the Court’s proceedings,” it added.</p><div><strong>CONTINUED COMMISSION OF CRIMES</strong></div><p>In terms of the risks of continued commission of crimes, the Chamber said that as late as 2024, Duterte allegedly pledged to double the killings if he were to be elected again as mayor of Davao City, which indeed happened in May 2025.</p><p>“The Chamber recalls that some of the crimes alleged in the Warrant of Arrest and under Count 1 in the DCC were allegedly committed when Mr Duterte held the position of Mayor of Davao City. As such, should he return to Davao City, Mr Duterte would be placed in the very position that allowed him to commit the crimes for which his arrest and surrender to the Court was initially sought,” it added.</p><p>The Chamber also noted that Duterte’s son’s position of power as vice mayor of Davao City poses a risk for the the crimes to continue, even if Duterte is released to a location outside Davao City.</p><div><strong>MEDICAL CONDITION</strong></div><p>With regard to the issue of Duterte’s medical condition, the Chamber said the medical documents submitted by the defense “do not indicate how Mr. Duterte’s alleged physical condition or cognitive impairment negate the risks”.</p><p>“The Chamber, however, considers that these arguments consist in mere extrapolation of the above mentioned documents by the Defence – who does not have the requisite expertise to draw such conclusion – and as such, are purely speculative and without basis,” it added.</p><p>According to the Chamber, the defense reference to two decisions purportedly supporting the existence of a Court practice to provide provisional release for humanitarian reasons is inappropriate, since the cases mentioned by the defense only allowed temporary transfers outside of the ICC detention center for a period not exceeding 24 hours, “during which the person stayed at all times in the custody of the Court, and in very limited and exceptional circumstances such as the attendance of the funeral of a relative”.</p><p>“The Chamber notes that the Defence limits itself to argue that ‘Mr Duterte is 80 years old and medical reports have highlighted [REDACTED]’, and that [REDACTED], without substantiating how detention is so detrimental that it justifies his release,” it added.</p><p>The Chamber, likewise, also emphasized that Duterte’s right to family life is guaranteed, adding that he may receive visits from and call his family members.</p><p>“The Chamber, therefore, considers that the Defence’s argument that Mr Duterte should be released for humanitarian reasons must be rejected,” the Chamber said.</p><p>“In light of the above, the Chamber finds that Mr Duterte’s detention continues to remain necessary under article 60(2) of the Statute based on each of the requirements set by article 58(1) of the Statute,” it concluded.</p><p>Duterte has been staying in the ICC’s detention facility since mid-March after Philippine authorities turned him over to the international tribunal after a request from the Interpol.</p><p>The Philippines’ 16th president is facing charges of crimes against humanity due to the extrajudicial killings linked to his administration’s war on drugs that saw thousands of suspected drug users and peddlers killed, including minors.</p><p>In August, Duterte’s camp renewed its request to act on their petition for interim release, after initially asking the Chamber to suspend its ruling on their petition for interim release “until such time as the Defense has assembled all information necessary.”</p><div><a href="https://www.abs-cbn.com/news/nation/2025/7/8/palace-tells-dutertes-legal-counsel-to-do-better-1643" rel="noopener noreferrer" target="_blank">Duterte’s lawyers renew request for interim release ahead of ICC confirmation hearing</a></div><p>Duterte’s confirmation of charges hearing, which was supposed to be held last September 23, was postponed to a later date, citing a request from Duterte&#x27;s defense team.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/9/8/icc-postpones-duterte-s-confirmation-of-charges-hearing-1938">&#x27;Not fit to stand trial?&#x27; ICC postpones Duterte’s confirmation of charges hearing</a></div><p>The Office of the Prosecutor has earlier <a href="https://www.abs-cbn.com/news/nation/2025/6/24/icc-prosecutor-opposes-duterte-s-request-for-interim-release-1649">rejected Duterte’s request for interim release</a>, while the The Office of Public Counsel for Victims (OPCV) has declined former Philippine President Rodrigo Duterte&#x27;s plea for an indefinite stay of legal proceedings against him because he is unfit to stand trial.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/10/opcv-rejects-duterte-plea-for-indefinite-stay-of-icc-proceedings-0712" rel="noopener noreferrer" target="_blank">OPCV rejects Duterte plea for indefinite stay of ICC proceedings</a></div><div><a href="https://www.abs-cbn.com/news/nation/2025/10/10/defense-raises-concerns-over-icc-medical-report-on-duterte-0735">Defense raises concerns over ICC medical report on Duterte</a></div><div><br/></div><div><iframe width="640" height="360" src="https://www.youtube.com/embed/qXBleBgGKkA" title="From Hong Kong to The Hague: The Arrest of Rodrigo Roa Duterte (Full Documentary) | ABS-CBN News" frameBorder="0" allowfullscreen=""></iframe></div>

<p>The Pre-Trial Chamber of the International Criminal Court (ICC) has rejected the request of former president Rodrigo Duterte's defense team for his interim release.</p>

The Pre-Trial Chamber of the International Criminal Court (ICC) has rejected the request of former president Rodrigo Duterte's defense team for his interim release.

ICC rejects Duterte’s interim release bid

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ICC rejects Duterte’s interim release bid

Rose Carmelle Lacuata,

ABS-CBN News

Published October 10, 2025 05:14 PM PHT

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Updated October 10, 2025 05:40 PM PHT

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Rodrigo Duterte

ICC

International Criminal Court

interim release

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