Prosecutors of the International Criminal Court (ICC) denied agreeing to the interim release of former President Rodrigo Duterte to an unspecified country.–GRAB FROM ICC
MANILA, Philippines–Prosecutors of the International Criminal Court (ICC) denied agreeing to the interim release of former President Rodrigo Duterte to an unspecified country.
In a filing made public Tuesday, the prosecution argued that the defense proposed location poses insurmountable logistical challenges and raises significant security concerns for witnesses and the integrity of court proceedings.
Duterte’s counsel, Nicolas Kaufman, said in their request that a country has already agreed to receive Duterte.
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Kaufmann said the ICC prosecution did not oppose the interim release request.
However, in its recent opposition, the prosecution said “no agreement whatsoever was reached with the Defence on conditions of interim release to any country other than (REDACTED).”
“The prosecution cannot agree not to oppose a specific submission before the submission has been filed by the Defence and reviewed by the Prosecution,” it said.
Severe practical difficulties
The prosecution called as “inappropriate” the host country that agreed to receive Duterte.
First, the prosecution stated that the country proposed by the Duterte camp does not share the same “extensive history of cooperation with the Court” as the previously discussed alternative, raising doubts about the strict enforcement of release conditions.
Second, they stated that the filing highlights severe practical difficulties in implementing essential conditions, such as regular reporting and attending trials.
The prosecution argued that the immense distance to the venue of the trial would render it “impossible” to manage Mr. Duterte’s mandated appearances.
With the confirmation of the charges hearing scheduled for September 23, 2025, the prosecution states that the time and complexity involved in securing his attendance from such a distant location would likely “outlast the period of interim release.”
Beyond logistics, the prosecution also raised concerns about the unnamed country’s capacity to uphold certain security-related conditions for Duterte’s stay.
The prosecution also added doubts about the defense’s claim that Duterte would not abscond for fear of embarrassing his host country, which is highly unpersuasive.”
They pointed out Duterte’s documented history of “making disparaging and insulting remarks about heads of state and world leaders,” suggesting this precedent undermines the Defence’s claim of his deference to host nations.
In granting interim release, the ICC takes into account the political position, influence, contacts, financial resources, acts or assurances of cooperation, good behavior in detention, and family ties of the one seeking it from the tribunal.
ICC-accredited lawyer Joel Butuyan previously said that if the ICC granted Duterte’s request, it would “cause great concern” among the families of extrajudicial victims and other abuses committed during the former president’s brutal crackdown on illegal drugs.
He said that many witnesses could go into hiding or refuse to testify due to fear for their safety and that of their families.