Duterte defense renews request for interim release

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Metro Manila, Philippines - The defense team of former Philippine President Rodrigo Duterte has renewed its request for his interim release before the International Criminal Court, saying continued detention is unfair and unnecessary.

In a heavily redacted Aug. 19 filing, lawyer Nicholas Kaufman argued that conditions under Article 58 of the Rome Statute — which allow detention to prevent flight, interference with witnesses or further crimes — are not met in Duterte’s case.

“The specific characteristics of Mr Duterte’s [REDACTED], identified by these [REDACTED], suggest that none of the risks envisaged in Article 58(1)(b) of the Rome Statute can be actualized,” the defense said.

On the risk of flight, the filing dismissed prosecution claims that Duterte could rely on a network of supporters.

“Such flight would also require a degree of ‘[REDACTED]’ … even if it was conveniently placed at his disposal by a ‘network of supporters’ – that timeworn figment of prosecutorial invention,” the document said.

The defense also argued that Duterte is incapable of interfering with witnesses or reoffending.

“Mr Duterte is [REDACTED], let alone [REDACTED] about disclosed witnesses such that he is able to instruct others to intimidate or interfere with them,” the filing stated. On further crimes, it added: “It is unreasonable to conclude that Mr Duterte would possess [REDACTED] necessary to formulate and execute the continued commission of crimes.”

Kaufman told judges that a state party to the Rome Statute has affirmed its willingness to host Duterte, enforce strict conditions of release, and cooperate fully with the Court.

“Mr Duterte’s continued detention during this protracted process would not be fair or reasonable,” the defense said.

Duterte, 80, has been held at the ICC Detention Centre in Scheveningen since March 13, 2025, after being arrested in Manila two days earlier. He faces charges over his administration’s bloody anti-drug campaign, which had drawn international condemnation and an ICC probe into alleged crimes against humanity.

Prosecutors have opposed interim release, warning that Duterte’s political influence and history of encouraging extrajudicial killings make him a continuing risk. “The prosecution does oppose the request and submits that the continued detention… is necessary,” their filing said.

The pre-trial chamber will now review arguments from both sides, as well as submissions from victims’ representatives and the unnamed host state, before ruling on Duterte’s renewed request.

A confirmation of charges hearing is set for September 23.