Rodrigo Duterte to remain detained in The Hague
Former president Rodrigo Duterte will remain in custody in The Hague after International Criminal Court trial judges saw "no change in circumstances" that could justify his interim release.
On Wednesday, Sept. 16, the ICC Trial Chamber III held Duterte's second detention review, where he was seen in public for the first time since his initial appearance hearing on March 14, 2025.
In its five-page decision released hours after the review, the Chamber determined there was an even higher risk of the former president interfering in court proceedings in the event of his release.
"The Chamber finds that the prospect of the Accused facing a trial, and (in the event of a conviction) a lengthy prison sentence, has increased. There is, therefore, a likelihood of the Accused absconding and/or obstructing or endangering the investigation or the court proceedings," the Chamber wrote.
"In respect of the latter considerations, owing to the Prosecution's submission of the Witness and Evidence Lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the Accused's ability to interfere with witnesses, either directly or through his family or supporters in the Philippines," it added.
On May 25, Duterte's legal team raised the issue of his fitness to stand trial. While the Chamber's decision on the issue is pending, the trial judges said they did not find "any information that warrants a modification of the Accused's detention. Furthermore, the Defense's observations do not provide any information that constitutes new facts or a change in circumstances.
"The Chamber therefore finds no notable change in circumstances that warrant the release of the Accused, with or without conditions," the Chamber wrote. "For these reasons, the Chamber hereby decides that the Accused shall continue to be detained."
Duterte was arrested on March 11, 2025 in Manila for alleged crimes against humanity and was later brought to The Hague for detention.
Although his defense team argued the former president was not mentally fit to follow his legal proceedings, and that his physical condition continues to deteriorate, the ICC Appeals Chamber confirmed the decision of the Pre-Trial Chamber I to keep him detained after its first detention review in January.
On April 23, the ICC Pre-Trial Chamber I unanimously confirmed all the charges against Duterte, comprising three counts of crimes against humanity, and committed him to trial.
Duterte's trial is scheduled for Nov. 30.
