Metro Manila, Philippines – The International Criminal Court has ordered former President Rodrigo Duterte to remain in detention over a higher risk of him fleeing or interfering with witnesses as his crimes against humanity trial draws closer.
The Trial Chamber III unanimously ordered Duterte’s continued detention in a decision dated Sept. 16, shortly after the former president appeared personally before ICC judges for the first time.
The judges cited a number of developments since their previous detention review in May, including the setting of Duterte’s trial for Nov. 30, the submission of reports on his fitness to stand trial and the prosecution’s disclosure of its witnesses, evidence and trial brief.
“In light of these developments, the chamber finds that the prospect of the Accused facing a trial, and (in the event of a conviction), a lengthy prison sentence, has increased,” the Chamber said.
The judges said this created a likelihood that Duterte could abscond or obstruct or endanger the proceedings.
The chamber also found that the prosecution’s disclosure of its witness and evidence lists has increased Duterte’s potential ability to interfere with witnesses.
The finding does not mean the Chamber determined that Duterte or his supporters have interfered with witnesses. Rather, the judges cited the increased risk as one of the grounds for maintaining his detention.
Fitness ruling pending
The chamber has yet to rule on whether Duterte is fit to stand trial, an issue repeatedly raised by his defense because of his health and supposed cognitive decline.
Three court-appointed medical experts have submitted reports assessing Duterte’s fitness. The reports remain confidential, although the parties have made competing arguments over their findings.
In its detention decision, however, the chamber said the medical reports contained nothing that would justify changing Duterte’s detention while the separate fitness question remains pending.
Duterte’s defense did not seek his immediate release in its latest observations.
The prosecution and lawyers representing victims had both sought Duterte’s continued detention.
“The Chamber therefore finds no notable change in circumstances that warrant the release of the Accused, with or without conditions,” the judges said.
Duterte has been in ICC custody in The Hague since March 2025. The Trial Chamber III previously ordered his continued detention in May after the case was transferred to it following the confirmation of charges.
His trial on three counts of crimes against humanity involving alleged murders and attempted murders will begin Nov. 30.
