MANILA – The Pre-Trial Chamber 1 of the International Criminal Court has rejected the request of former President Rodrigo Duterte for interim release, and has ordered his continued detention.

In a decision dated October 10, the ICC declared that the detention of Duterte is required “so as to ensure his appearance in these proceedings, that he does not obstruct or endanger the investigation or the Court’s proceedings, and to prevent the commission of related crimes within the jurisdiction of the Court.”

The Pre-Trial Chamber 1 dismissed the Defense’s argument that Duterte should be released on humanitarian grounds. Such grounds, the Chamber said, have not been sufficiently set.

The Chamber said that while the Defense limits its argument to the fact that Duterte is 80 years old, and his alleged condition based on medical reports, it failed to  substantiate “how detention is so detrimental that it justifies his release.”

The Chamber also noted that Duterte enjoys the right to medical treatment, including access to a qualified medical officer with experience in psychiatry, and a nurse present at the detention center at all times. “Nothing in the [Duterte’s] Request indicates that this would not be sufficient to ensure that Mr Duterte receives the appropriate medical attention and care in detention,” the ICC stated.

Risks calculated

Article 58(1)(b) of the Rome Statute provides that continued detention cannot be ordered unless it is necessary: to ensure the person’s appearance at trial; to ensure that the person does not obstruct or endanger the investigation or the court proceedings; or where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the ICC and which arises out of the same circumstances.

The ICC weighed in on these. 

With regard to the need to ensure Duterte’s presence at trial, the Chamber recalled how Duterte contested his arrest and detention, even calling it ‘as a pure and simple kidnapping.’ 

The Chamber noted how his family resisted the arrest and detention, even demanding that Duterte be brought back to the country. The Chamber did not also miss Vice President Sara Duterte’s speech on July 19, 2025, broaching the idea of breaking Duterte out of the ICC Detention Center. 

These, the Chamber said, show “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.”

The ICC further declared, “[G]iven Mr Duterte’s position as former President of the Philippines, he appears to have the necessary political contacts, as well as to benefit from a network of support within that country, including his daughter, who currently holds the office of Vice-President of the Philippines, that may help him abscond.”

The Chamber found that Duterte continues to pose a flight risk and detention is necessary to ensure his presence during the pre-trial proceedings and possible trial.

As to the risk of Duterte obstructing or endangering the investigation or the Court proceedings, the Chamber said, “Duterte’s and his associates’ history shows that he is able and has means, either directly or through his associates, to obstruct proceedings against him.”

If interim release were to be granted, the Chamber said there is a risk that Duterte would pose a threat to potential witnesses, either directly or indirectly through his supporters. 

As to the risks of Duterte continuing to commit crimes, the Chamber debunked the Defense’s argument that the possibility of continuing the commission of the crimes is highly abstract.

The Chamber said that no later than 2024, Duterte has allegedly pledged to double the killings if he were to be elected again as Mayor of Davao City and that, in May 2025, he was indeed re-elected mayor of Davao City.  The Chamber noted that Duterte allegedly committed crimes against humanity when he was Mayor of Davao City. 

The Chamber maintained that there exists a risk that, should Duterte be released, he will continue to commit the crimes charged against him. Such risk, the Chamber added, continues to exist even if Duterte would be released to a location that falls outside of the geographic scope of the alleged crimes, considering his son’s position in the Philippines.

Ma. Kristina Conti, one of the counsels for the victims, welcomed the development, “The judges have clearly listened to all parties, and most especially the victims, in its decision-making.” 

“We are relieved that this shows a fair amount of trust and respect for victims, often overlooked in international law, and a balanced consideration of arguments of the suspect/accused,” Conti said in a statement.