The defense team of former President Rodrigo Duterte asked the International Criminal Court (ICC) Trial Chamber III to reject a prosecution request seeking access to and an inventory of items seized during his arrest and transfer to the tribunal.
In a five-page submission dated June 26, the defense argued that the prosecution’s request to inspect the materials held by the court’s Registry was filed too late and could delay proceedings.
The filing said such requests are typically made shortly after a suspect arrives in custody, noting that prosecutors had been aware of the materials since March 14, 2025, but did not act before confirmation hearings.
The defense also questioned the prosecution’s timeline, which aims to complete disclosure by September 30, 2026, saying a full review of the materials would likely take months and make that target unrealistic.
Lawyers for Duterte further contended that a separate request for an inventory of seized items was unnecessary, citing an existing “chain of custody” document already provided by the Registry. They said there was no basis for the prosecution’s claim that certain categories of materials may have been omitted.
The defense also opposed a request to freeze any money among the seized items, describing it as redundant since the assets are already in the Registry’s custody.
In a separate six-page filing also dated June 26, the defense partially opposed a second prosecution request, particularly its bid to access what it described as “all keys” held by the Registry.
While not opposing access to certain redacted materials, the defense argued the request for keys lacked sufficient justification and amounted to a “fishing expedition.”
“The Prosecution advances no evidential basis connecting the keys either to the commission or furtherance of the alleged crimes,” the filing stated, adding that prosecutors themselves acknowledged uncertainty over what the keys could access.
The defense warned that examining the keys could infringe on the privacy of Duterte’s family members, as some items may not belong to him and could be linked to third parties.
It also urged the chamber to require prosecutors to submit any further requests for access to Registry-held materials by June 30, 2026, to avoid delays and ensure the defense can adequately prepare its case.
“For the reasons set out above, the Defence does not oppose the Prosecution’s request to access the [REDACTED] in the custody of the Registry,” the filing read.
“The Defence does oppose, and requests that Trial Chamber III reject, the Prosecution’s request in relation to ‘all keys’ in the Registry’s custody.”
On May 27, 2026, Trial Chamber III of the ICC scheduled the opening of the trial in the case of The Prosecutor v. Rodrigo Roa Duterte for November 30, 2026.
