The camp of former President Rodrigo Duterte is anticipating the International Criminal Court (ICC) to release its decision on the former’s request for interim release in July.
On Tuesday, July 1, RH Henry Uri reported that Duterte’s lawyer, Nicholas Kaufman, said that the ICC may finalize its decision before the end of July. Moreover, Davao 1st District Representative Paolo “Pulong” Duterte said on Monday that this means the former President may be transferred to a country that’s part of the ICC.
According to the Duterte camp, an undisclosed country has agreed to take in the former leader while the ICC trial is ongoing.
Prior to this, Vice President Sara Duterte clarified that her father and his team have never reached out to the Australian government to discuss the latter’s interim release.
“First off, I'd like to clarify that the defense team of [former] President Duterte never reached out to the Australian government to discuss about this interim release. There is no application of former President Duterte for interim release in Australia,” she wrote.
Article 60(20) of the Rome Statute indicates that a person arrested by the ICC may apply for interim release pending trial. According to the ICC, “if the Chamber is satisfied that the conditions outlined in article 58(1) of the Statute remain fulfilled, the person shall continue to be detained; if not, the Chamber shall release the person with or without conditions.”
In addition, the Chamber must rule that there are reasonable grounds to believe that the continued detention of the arrested person remains necessary.
The Prosecution’s stance
Last week, the Pre-Trial Chamber 1, consisting of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, maintained that Duterte’s continued detention is necessary to ensure his appearance at trial.
In contrast, the three judges argued that Duterte’s continued detention is necessary to ensure that he “does not obstruct or endanger the investigation or court proceedings under Article 58(1)(b)(ii).” The Prosecution team also argued that Duterte does not accept the legitimacy of the legal proceedings against him, enumerating the incidents that occurred during his arrest.
Moreover, the Prosecution team highlighted that Duterte’s political position and international contacts may also be relevant factors when it comes to determining the “risk of flight” and may “contribute to their ability to abscond.”
This also coincides with his overwhelming win as the Mayor of Davao City. According to the document, Duterte or his associates may intimidate or threaten witnesses as they continue to “wield considerable power” and entail a “risk of interference with the investigations and the security of witnesses and victims.”
“The Prosecution’s position is that Mr Duterte’s continued detention is necessary to ensure his appearance at trial, ensure that he does not obstruct or endanger the investigation or court proceedings, and prevent him from committing crimes within the jurisdiction of the Court,” the judges from the Pre-Trial Chamber 1 stated, asserting that the Chamber reject the defence’s request for interim release.
Earlier this month, Duterte requested an interim release to an undisclosed country, citing his willingness to cooperate with the court. In contrast to the Prosecution team’s statement, the June 12 filing indicated that Duterte no longer wields the same influence or power during the period during which the extrajudicial killings occurred.
"He no longer holds the type of office that the Prosecution argues allowed him to order and to implement the policies that form the basis for the ICC warrant," Kaufman highlighted.
While awaiting the ICC’s decision on his request for interim release, Duterte will remain in custody at the ICC Detention Center in The Hague, the Netherlands.
The confirmation hearing of charges is scheduled for September 23, 2025.
