Australia won't host Duterte in bid for interim release; VP Sara says no request made

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Australia won't host Duterte in bid for interim release; VP Sara says no request made

Zen Hernandez,

ABS-CBN News

 | 

Updated Jun 27, 2025 07:03 PM PHT

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Former President Rodrigo Duterte, February 13, 2025.  Maria Tan, ABS-CBN News/File 


MANILA (UPDATED) — The Australian government will not serve as a host country for former Philippine president Rodrigo Duterte’s request for temporary release from the International Criminal Court (ICC).

ABS-CBN News received firsthand confirmation that Australia would not even consider hosting Duterte.

As one of the 125 states parties to the Rome Statute, the founding treaty of the ICC, Australia was aware of Duterte’s application for urgent interim release. But the Australian government said it was leaving the matter to the ICC.

But in a press briefing, his daughter Vice President Sara Duterte said there never was an application or even any intent to apply for Duterte's interim release in Australia.

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"I'd like to clarify that the defense team of President Duterte never reached out to the Australian government to discuss about this interim release," she said.

She added that of the countries named — redacted in the public release — in the defense team's bid for interim release, "none of [those] is Australia."

Former President Duterte stands accused of crimes against humanity over his years-long campaign against drug users and dealers that rights groups say killed thousands. He has been detained at the ICC Detention Facility at The Hague, the Netherlands since March.

On his third month in detention last June 12, his legal team filed a motion for his interim release to an unnamed country.

In a filing posted to the court's website, defense lawyers said the involved country had expressed its "principled agreement to receive Mr. Duterte onto its territory".

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An annex spelling out the conditions for Duterte's release was not publicly available, but the defense team's filing noted that the 80-year-old posed no flight risk and cited humanitarian concerns around his age.

The defense team also argued that Duterte is not a threat to the proceedings nor the victims since he no longer holds the same position he held when the alleged crimes were committed.

'MELBOURNE TRIP UNRELATED TO INTERIM RELEASE BID'

During a trip to Melbourne earlier this month, the ex-leader’s daughter Vice President Duterte denied she was arranging her father’s interim release, but admitted that her father’s lawyers were looking at Australia as a potential host country.

“Australia is in the list of countries that are considered by lawyers but I am not here for the interim release, not for this visit,” she said during an interview with local media.

The Vice President said that she reached out “last minute” to Australian Foreign Minister Penny Wong to request for a “chat” and “just to say hello.” But Wong was unavailable due to prior commitments.

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Factors that the ICC considers in deciding interim release requests include legal, practical and risk-related concerns, such as the gravity of charges, the person’s availability for court hearings or proceedings, and the impact on the safety of victims.

On June 23, the prosecution team opposed Duterte’s request for interim release due to his influential network and resources and continued denial of the ICC’s authority and jurisdiction on his case, as his family and supporters continued to refer to his arrest as “kidnapping.”

VICTIMS' KIN URGE COURT TO REJECT INTERIM RELEASE

Relatives of those killed in Duterte's drug war, through the Office of Public Counsel for Victims, also urged the ICC to reject Duterte’s request for their security.

“Mr Duterte’s supporters are very active and he still has strong connections with individuals in power. Victims are equally concerned by the fact that the Suspect has the means to evade justice,” the June 25 submission by the victims stated.

If granted, Duterte’s interim release may only be brief, depending on the circumstances and his needs, including hospitalization, said ICC assistant to counsel Kristina Conti. 

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“Case to case basis yan. Ano ba ang gusto mo, bakit mo gustong lumabas? Kung sa amin, masyadong mababaw ang dahilan na hindi ka komportable sa loob ng preso. Dahil objectively, naibibigay ng ICC detention facility ang highest standards of care as entitled sa mga detainees,” she said.

Conti noted that the ICC rejected previous motions for interim release for those facing charges of crimes against humanity, war crimes, crimes of aggression, and genocide.

“Hindi naman sa bawal – pwedeng he could be the first one, pero laging mayroong kondisyones... Kaya ka naman kasi nakakulong is dahil una, para sisipot ka sa trial. Pangalawa, siguraduhin na hindi mag-o-obstruct, mag-e-endanger, isasapanganib ang proceedings,” she said.

“Ito ang kondisyon kay Duterte, labas doon sa edad niya, kung edad at edad lang din eh walang ibang edad na kinikilala ang ICC kundi 18 hindi 80. Above 18 years old lang ang pwede pang i-trial doon,” she added.

“Hangga’t fit to stand trial, nakaktayo, nakakarinig, nakakaintindi ay pwedeng iharap sa ICC. Yung detention niya ay depende pa sa factors,” she said.

— With reports from Job Manahan, ABS-CBN News; Agence France-Presse

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