The Market Monitor Minding the Nation's Business
The prosecution panel handling the case against former Philippine president Rodrigo Roa Duterte at the International Criminal Court (ICC) has expressed no objection to his request for temporary release while awaiting further proceedings.
In a recently filed motion, Duterte’s defense team urged the ICC Pre-Trial Chamber I to grant him interim release, arguing that the former president no longer meets the criteria for continued detention. They emphasized that he poses no flight risk, does not threaten witnesses, and is unlikely to obstruct the proceedings.
In a redacted public version of their urgent request dated June 12, Duterte’s lawyers cited Article 58(1)(b) of the Rome Statute to support their argument. They said that their client’s age, medical condition, and retirement from politics since stepping down in 2022 eliminate any justification for keeping him in pre-trial custody.
“No real or concrete risk exists under Article 58(1)(b)(iii) that would justify Mr. Duterte’s continued pre-trial detention,” the 16-page motion read.
“He (Duterte) does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody,” the motion further stated.
The defense revealed that the ICC’s Office of the Prosecutor did not object to Duterte’s interim release as long as it is granted by a cooperating state under strict conditions. While the identity of the host country was redacted, it has reportedly committed to accepting Duterte under terms set by the court.
Citing established precedents from both the ICC and international ad hoc tribunals, the defense noted that interim release has been granted in previous cases where the prosecution did not oppose the motion and where state guarantees were provided.
Duterte’s legal team also affirmed that, if released, he would remain in the designated host country and refrain from any public communication, including the use of the internet and mobile devices.
They further invoked humanitarian grounds in the motion, referencing Duterte’s “declining health,” though specific medical details were omitted in the public filing. His legal team pointed out that similarly situated elderly or ill detainees have been provisionally released in past ICC and tribunal cases.
The confirmation of charges hearing for Duterte is set for September 23 this year.