The International Criminal Court (ICC) Pre-Trial Chamber I has rejected requests for former President Rodrigo Duterte’s interim release on Friday, October 10, as dictated by the Rome Statute.
“The Chamber finds that Mr Duterte’s detention continues to remain necessary based on the requirements of the Rome Statute, the Court’s founding treaty,” the court said in a statement.
Duterte remains under the custody of the ICC Detention Centre in The Hague, The Netherlands.
Defence vs Prosecution
The former president’s camp argued that Duterte does not pose a risk of flight due to his physiological and psychological conditions, as he would easily be discovered and brought back to the court as a prominent political figure, among other things, the court detailed in its decision.
The Defence further asserted that the Prosecution has not invoked “recent and substantial security threats” to witnesses, and Duterte’s ability to access and weaponize confidential information has been impeded by his cognitive state.
The Prosecution, however, maintained that Duterte’s detention is necessary to ensure his appearance at trial as he does not accept the legitimacy of the court’s legal proceedings, citing his refusal to yield to arrest and his claims of having been kidnapped.
Moreover, prior to the arrest, Duterte was traveling and delivering speeches before large crowds, demonstrating that his “alleged physical frailty” should not be considered a hindrance to possible flight, the Prosecution added.
The Chamber’s decision
The Pre-Trial Chamber I determined that Duterte’s continued detention was necessary.
“With regard to the need to ensure Mr Duterte’s presence at trial, the Chamber recalls that Mr Duterte has, from his initial appearance, contested his arrest and detention, qualifying it as a 'pure and simple kidnapping,’” the Chamber wrote.
“In addition, his family not only physically resisted, but also publicly voiced criticism regarding his arrest and detention, and demanded that he should be brought back to the Philippines,” it added.
“More specifically, the Chamber notes that, on 19 July 2025, Mr. Duterte’s daughter mentioned in public speeches the idea of breaking Mr Duterte out of the ICC Detention Centre, and attempted to delegitimise the Court’s proceedings against Mr Duterte, citing collusion between the Court and the government of the Philippines as well as the use of ‘fake witnesses,’”
“Furthermore, the Chamber notes that Mr Duterte’s daughter allegedly indicated on 19 August 2025 that Mr Duterte had told her that he wishes to return to Davao City, should he be granted interim release, in contradiction with the Defence’s assertion that he would remain in the State he would be released to. The foregoing illustrates Mr Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution.”
