ICC prosecutor opposes Duterte’s request for interim release

Rodrigo Roa Duterte's initial appearance on March 14, 2025, before Pre-Trial Chamber I of the International Criminal Court. ICC/handout

MANILA (UPDATED) — The Office of the Prosecutor of the International Criminal Court (ICC) is opposing the request of former Philippine President Rodrigo Duterte for his interim release from detention.

In its response to the ICC filed June 23, the prosecution enumerated several reasons for ICC judges to reject Duterte's appeal for interim release.

Duterte's continued detention at The Hague in the Netherlands for alleged crimes against humanity is necessary to ensure his appearance at trial, the prosecution said, noting that he "does not accept the legitimacy of the legal proceedings against him."

It said that Duterte's political position and international contacts, as well as his financial situation and resources, "may be a factor that would enable them to abscond."

Nicholas Kaufman, Duterte's defense lawyer, wrote in their request for an interim release on June 12 that the 80-year-old Duterte was not a flight risk, would not imperil proceedings if released, would not continue to commit crimes, and his advanced age should be considered.

The government of an unspecified nation, Kaufman added, had expressed to them its "advance and principled agreement" to receive Duterte onto its territory during his interim release. 

He had also claimed that "since the Chief Prosecutor's leave of absence, the Prosecution has confirmed its non-opposition" to the interim release.

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HONEYLET'S DEMEANOR, DUTERTES' 'KIDNAP' NARRATIVE CITED

The prosecution also cited the demeanor of Duterte's common-law wife, Honeylet Avanceña, who, during the former president's arrest on March 11, "exhibited physical acts of violence in resistance to his arrest and transfer."

Avanceña "reportedly assaulted a police officer by hitting her on the head with a cell phone, which resulted in injuries to the officer. The alleged assault was captured on video," the prosecution said.

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It also noted that the Duterte camp had claimed that Duterte was "kidnapped" by the ICC and vowed to bring him to the Philippines.

"Mr. Duterte’s children have also stated that Mr. Duterte’s arrest and transfer to the Court was a kidnapping, with his daughter Veronica Duterte reportedly writing on social media that the plane used to transfer Mr Duterte to the Court had been used to 'kidnap' her father," it said.

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The "kidnapped" narrative of Duterte's family and his lawyers demonstrates that the former president "does not accept the legitimacy of the legal proceedings against him," said the prosecution.

"Mr. Duterte, his family, vocal supporters, and counsel all consider him a victim of a kidnapping/abduction," it further said.

'DUTERTE COULD INTERFERE, INTIMIDATE WITNESSES'

The prosecution also believes that continued detention of Duterte is "necessary to ensure that he does not obstruct or endanger the investigation or court proceedings," noting that Duterte "has the ability to interfere with and intimidate witnesses if released."

According to the prosecution, the fact that Duterte was elected as mayor of Davao City, and that his children hold political positions in the country, shows that he, his family and associates "are capable of influencing and harming witnesses."

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The prosecution added that Duterte and his associates have a history of interfering with investigations against him, citing the example of the cases of intimidation against former senator Leila de Lima and self-confessed hitman Edgar Matobato, as well as Duterte’s public threats against individuals opposing his war on drugs while he was president of the Philippines.

PROSECUTION: DUTERTE 'PLEDGED TO DOUBLE KILLINGS'

In response to the Duterte camp’s claim that Duterte "will not continue to commit crimes if released," the prosecution noted that Duterte previously stated that he planned to run for mayor of Davao City in 2025 and "pledged to 'double' the killings the 'moment I return.'"

"While the Defense appears to take issue with the fact that the Prosecution relied upon a news article to support the claim that Mr. Duterte promised to double the killings when he returns to Davao City, the Defence, notably, does not dispute that Mr. Duterte made these comments," the prosecution added.

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The prosecution also said the defense’s submission that killings have not doubled despite Duterte’s election as Davao City mayor reaffirms their position that continued detention is necessary.

In response to the defense’s submission that Duterte can be released due to humanitarian factors, the Prosecution noted that these factors are not, on their own, a consideration in the chamber’s decision.

EARLIER SETBACK

The ICC had rejected an application by Duterte to disqualify the two judges hearing the jurisdiction issue in his case before the Hague-based tribunal.

In a decision dated June 9, 2025, signed by Judge Tomoko Akane, the court said its plenary of judges received an application filed by Duterte requesting that Judge Alapini-Gansou and Judge Flores be disqualified from adjudicating the "Defence Challenge with Respect to Jurisdiction."

Duterte was arrested on March 11  on his arrival from Hong Kong at the request of the International Criminal Court (ICC) as part of its probe into his "war on drugs" that defined his presidency.

The ICC warrant for Duterte's arrest said that as president, he allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.

He was brought to The Hague in the Netherlands on the same day he was arrested.

Duterte appeared before ICC judges via video link on March 14. He is scheduled to attend a hearing on September 23 to confirm the charges against him.

—with a report from Rowegie Abanto, ABS-CBN News

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