A fresh bid to secure the interim release of former Philippine president Rodrigo Duterte was formally lodged before the International Criminal Court after his legal team submitted a consolidated medical assessment asserting a further decline in his health.
The filing, dated January 9 and signed by defense counsel Nicholas Kaufman, was addressed to ICC Pre-Trial Chamber I and included as an annex a joint report prepared by medical experts engaged by Duterte’s camp. The submission argues that the former leader’s present condition materially alters the risk analysis underpinning his continued detention.
In the document, Kaufman said the defense is presenting “new medical evidence” to assist judges in determining whether Duterte’s physical and cognitive limitations now substantially reduce the statutory risks associated with release, including flight, interference with proceedings, and the commission of further crimes.
According to the defense, the joint report concludes that Duterte no longer possesses key capacities such as executive functioning, sustained planning, rapid decision-making, physical endurance, or the ability to avoid supervision. Kaufman maintained that these limitations, taken together, undermine the prosecution’s position that his client could realistically pose a threat to witnesses or the integrity of the investigation.
The filing contends that any attempt to intimidate witnesses would require prolonged focus, initiative, and organizational coordination—abilities the defense claims Duterte no longer has. Kaufman further stated that neither the defense-appointed experts nor the ICC’s own medical specialists identified clinical signs of disinhibition, aggression, or manipulative behavior.
Addressing concerns about the possible continuation of crimes, the defense argued that Duterte’s reported impairments prevent him from managing complex command structures or overseeing coordinated actions similar to those alleged in the case.
On this basis, Kaufman asked the chamber to order Duterte’s interim release under the same conditions proposed in an earlier request, while allowing the court to impose any additional safeguards it considers necessary. He also reminded judges that ICC rules require periodic review of detention decisions at least every 120 days, particularly when circumstances have changed.
The filing portrays Duterte as severely weakened, citing unexplained weight loss and describing him as unable to manage basic tasks such as eating or taking medication without assistance. Kaufman said the former president is under continuous video monitoring not because of escape or security concerns, but due to fears for his personal safety.
Kaufman also criticized the prosecution’s assertions that Duterte may be exaggerating or fabricating symptoms. He noted that ICC-appointed specialists observed cognitive underperformance but did not attribute it to malingering or deliberate deception, nor did they provide a definitive explanation for its cause. Dismissing the prosecution’s claims as unfounded, Kaufman argued that any perceived inconsistencies should be linked to neurological issues rather than intentional misconduct.
The defense submission follows the December 5, 2025 delivery of joint and individual reports by a court-appointed panel of experts who examined Duterte’s fitness to stand trial. While the ICC has not yet ruled on the matter, the Office of the Prosecutor has previously stated that Duterte was found capable of engaging meaningfully in the proceedings.
Separately, the Office of Public Counsel for Victims has urged the court to issue a ruling on Duterte’s fitness and to proceed with the confirmation of charges hearing without delay, citing the right of drug war victims to a timely judicial process. Earlier on January 9, the ICC denied a defense request to appeal a prior decision refusing disclosure of communications between the registry and the expert panel that assessed Duterte’s condition.
