MANILA, Philippines – June 2025
The ICC prosecution Duterte interim release rejection has sparked intense legal debate as the International Criminal Court (ICC) prosecutors urge the tribunal to reject former Philippine President Rodrigo Duterte’s request for interim release.
Duterte’s defense counsel, led by Nicholas Kaufman, had requested that the former president be released to a country willing to take him, though the country’s identity remains undisclosed.
Background of Duterte’s Interim Release Request
Rodrigo Duterte’s defense team filed the request in June, claiming that Duterte is not a flight risk and should be allowed to leave ICC custody in the Netherlands.
The request also emphasized humanitarian reasons for the release, citing health concerns related to Duterte’s detention conditions. In their filing, Duterte’s legal team suggested that they were in discussions with a country willing to accept him.
Prosecution’s Argument Against Interim Release
The ICC prosecution has firmly opposed Duterte’s bid for interim release, with Deputy Prosecutor Mame Mandiaye Niang signing the 15-page document dated June 23. The prosecution argues that Duterte’s continued detention is critical to ensure his appearance at trial and prevent any attempts to influence the legal proceedings.
The prosecution also points out Duterte’s previous actions against the ICC, including his public statements undermining the court’s authority and a petition he filed before the Philippine Supreme Court to block cooperation with the ICC.
Humanitarian Considerations and Political Influence
Duterte’s legal team argued that his release is necessary for humanitarian reasons, citing his health concerns. However, the prosecution counters by emphasizing that Duterte’s political influence, especially through his daughter, Vice President Sara Duterte, could pose a threat to the ongoing investigation.
Sara Duterte’s statements have indicated that she views her father’s detention as illegitimate, which the prosecution says could interfere with the legal process.
Concerns About Duterte’s Potential to Interfere in Investigations
The prosecution expressed concerns that if Duterte were released, he could use his influence to intimidate witnesses or interfere with investigations into his administration’s controversial war on drugs.
These investigations include probes into extrajudicial killings (EJKs) in Davao City in 2009 and subsequent Senate inquiries into the drug war between 2016 and 2017.
The prosecution highlights that Duterte’s allies and family members still hold significant power within the country, increasing the potential risks of his release.
No Agreement Between Defense and Prosecution
The prosecution also clarified that no formal agreement was reached between Duterte’s defense counsel and the ICC regarding his release to the unnamed country.
This contradicts the defense’s claims that there was an understanding between both parties. The prosecution maintains that Duterte’s release should be denied to protect the integrity of the ongoing trial process.
Conclusion: Awaiting the Tribunal’s Decision
The ICC tribunal now faces the challenge of deciding whether to grant Duterte’s request for interim release or to keep him in custody. The prosecution’s rejection highlights the tension between ensuring Duterte’s rights and protecting the legal process, as the world continues to watch the unfolding case related to Duterte’s war on drugs.
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