The legal team of former President Rodrigo Duterte has called on the Marcos administration to allow his return to the Philippines if the International Criminal Court (ICC) grants him interim release, citing his worsening health and the conditions of his detention.
In a message to GMA News Online, lawyer Nicholas Kaufman emphasized that Duterte’s “progressively deteriorating medical situation” is impairing his ability to comprehend the charges and assist in his defense.
“The defense sincerely hopes that the current administration, which [saw] fit to outsource its obligation to afford the former president a fair trial in the country of his birth, will now let him return home, with dignity, for the purpose of interim release until the end of all legal proceedings,” Kaufman stated.
The former president, now 80, has been held by the ICC since March over allegations linked to crimes against humanity during his administration’s bloody war on drugs. In August, he requested interim release to an undisclosed country, contingent on conditions the court may deem necessary.
However, a significant development came on Monday when the ICC postponed Duterte’s confirmation of charges hearing, initially scheduled for September 23. This came after his legal team asserted he was “not fit to stand trial.”
Kaufman underscored that this claim is backed by medical professionals, including one not appointed by the defense. “Out of respect for the former president’s legacy, the defense would not raise such a plea were it not supported by leading medical experts,” he added.
He also stressed that the decision to delay proceedings was not unilateral. “All litigants—the prosecution, the defense, and the Office of the Public Counsel for Victims—agree that the matter requires judicial determination, and for anyone to suggest otherwise would be a malicious insult to all those involved and affected,” Kaufman said.
Meanwhile, families of individuals who died during the drug war voiced their frustration over the delay. They argued that Duterte could waive his right to attend the hearing and appoint legal counsel to act on his behalf, expressing concern that justice continues to be elusive.
