ICC prosecutor opposes Rodrigo Duterte's request for interim release
The Office of the Prosecutor of the International Criminal Court has called on the pre-trial chamber to reject former president Rodrigo Duterte's request for an interim release.
ICC Deputy Prosecutor Mame Mandiaye Niang, in a redacted version of the 15-page document dated June 23, said that the continued detention of Duterte "remains necessary" to ensure his appearance at trial.
The prosecutor also noted that Duterte does not accept the legitimacy of the legal proceedings against him, and that his behavior and claims of kidnapping by his family and lawyers demonstrate this.
"A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape. Mr. Duterte, his family, vocal supporters, and counsel all consider him to be a victim of a kidnapping/abduction."
Additionally, Duterte's detention would also ascertain that he does not obstruct or endanger the investigation of court proceedings, the prosecutor said.
Niang wrote that Duterte's interim release could give an opportunity to possibly intimidate or threaten witnesses through the former president's associates or family members, citing Vice President Sara Duterte, Davao 1st District Rep. Paolo Duterte, and outgoing Davao City Mayor Baste Duterte.
He also pointed out Duterte's history of interfering with investigations against him, referring to former Commission on Human Rights chairperson Leila De Lima's investigation of extrajudicial killings in Davao in 2009 and her subsequent arrest.
"As the Chamber found in the warrant of arrest, Mr. Duterte 'appears to continue to wield considerable power' entailing a 'risk of interference with the investigations and the security of witnesses and victims.' This considerable power is evident from Mr. Duterte's recent election as Mayor of Davao City, which he won with overwhelming support."
Lastly, the prosecutor said that the detention would prevent Duterte from continuing the commission of crimes within the ICC's jurisdiction, noting that Duterte said he would "double" the killings the moment he returned as Davao City Mayor.
Additionally, Niang commented on a redacted country hosting Duterte during his interim release, but noted that the defense's argument that the former president would not embarrass his hosts is "highly unpersuasive" as he previously made "insulting remarks" about world leaders.
Read the full filing below.
On June 12, Nicholas Kaufman, Duterte's lawyer, asked the ICC for the former president's interim release.
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
