ICC partly grants prosecutors access to Rodrigo Duterte's arrest items
The International Criminal Court has partly granted prosecutors' requests to examine materials recovered from former president Rodrigo Duterte following his arrest, ruling that it could produce evidence amid an investigation into his alleged crimes against humanity case.
In redacted decisions dated May 28 and June 22 and released on July 3, Trial Chamber III allowed prosecutors to inspect certain items in Duterte's belongings held by the ICC Registry, finding the request "necessary and proportionate."
"The Chamber therefore finds that there are reasonable grounds to believe that the examination of these materials would produce evidence that is necessary for the investigation," the Chamber said in its decision.
"The Chamber therefore finds that such examination is necessary and proportionate to the legitimate investigative needs. Accordingly, the Chamber grants the requested access to [REDACTED] and [REDACTED]," it added.
However, the Chamber denied a separate request to access all keys seized from Duterte, on the grounds that it may violate the privacy rights of third parties.
"Turning to the Keys, the Chamber notes that the Prosecution merely submits that the Keys ‘[REDACTED]’, 13 and does not specify to what items the Keys relate to, nor how such items may provide evidence that are necessary for the investigation," it said.
"The Chamber further notes the Defence’s arguments that the Keys were ‘seized while he was travelling with members of his family’, and it is therefore ‘entirely possible that the keys provide access to material belonging to, or concerning, his relatives, such that their examination would intrude upon the privacy rights of third parties’. In light of these circumstances, the Chamber finds that the requested access to the Keys is neither necessary nor proportionate, and should therefore be rejected," it said.
Before this, the judges noted that the prosecution's requests were made "too late," pointing out that it had known about the Registry's report for more than 13 months before filing the request and gave no explanation for the delay.
"The Chamber deplores the fact that the Prosecution did not make this request at an earlier stage of the proceedings and provides no reason for this failure," it added.
The Chamber also noted the defense's request to set a June 30 deadline for any further requests to access Registry-held materials.
The victims' lawyers may file a trial brief by Sept. 28, while Duterte's lawyers have until Oct. 30 to identify the prosecution's claims they contest and outline their defense.
Duterte is set to go on trial before the ICC on Nov. 30, months after judges confirmed in April three counts of crimes against humanity against him. Prosecutors allege he played a role in at least 76 killings linked to his anti-drug campaign under his administration.
The former president has been detained at The Hague since his arrest in March 2025.
