The Office of the Prosecutor at the International Criminal Court (ICC) has pushed back against moves to free former president Rodrigo Duterte while awaiting trial, stressing that granting him interim release would endanger the proceedings.
“The Prosecution has demonstrated through multiple filings that Mr. Duterte, if granted interim release, would be a flight risk, is likely to interfere with the proceedings, and may commit further crimes,” the ICC prosecutor stated in a publicly redacted document.
The filing, titled Prosecution’s response to ‘Defence Notification’, countered claims from Duterte’s defense team that his detention has dragged on too long. Prosecutors said it was in fact the defense that created delays, pointing to a last-minute request to postpone the September 23 confirmation hearing.
Defense lawyer Nicholas Kaufman previously told the court that the 80-year-old Duterte is struggling with cognitive difficulties and “is not even able to process the reasons for his detention.” This, he argued, makes his client unfit to fully participate in the legal process.
But prosecutors highlighted that between Duterte’s initial appearance in March and the September postponement request, he was able to instruct his lawyers to file motions to disqualify two judges, citing perceived bias. They said this directly contradicts claims that his mental condition has been in steady decline.
The prosecution further noted: “The Defence has unnecessarily delayed the proceedings by waiting until five months after Mr Duterte’s initial appearance … to file its challenge regarding his fitness to stand trial.”
Duterte has been in ICC custody since March 12, a day after his arrest at the Ninoy Aquino International Airport on the strength of a warrant issued through Interpol.
He faces charges as an alleged “indirect co-perpetrator” in the crimes against humanity of murder under Article 7(1)(a) of the Rome Statute. The case links him to at least 43 killings tied to the so-called Davao Death Squad and law enforcement operations from 2011 to 2019.
If the charges are confirmed, Duterte would become the first Asian former head of state to stand trial before the ICC. A final ruling could take years.
