Duterte’s Plea for Freedom Denied: ICC Says He Must Remain Behind Bars

The International Criminal Court (ICC) Pre-Trial Chamber I has denied the request for interim release filed by former Philippine President Rodrigo Duterte, reaffirming that his detention remains necessary under 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 ICC said in its ruling issued Friday, October 10.

Duterte remains under custody at the ICC Detention Centre in The Hague, The Netherlands.

Defense vs. Prosecution

Duterte’s defense team argued that the former president poses no risk of flight due to his “physiological and psychological conditions,” noting that as a prominent public figure, his movements would easily be tracked if released.

They also claimed that the Prosecution failed to show any recent security threats to witnesses, and that Duterte’s alleged declining cognitive state prevents him from accessing or misusing confidential information.

The Prosecution countered, however, that Duterte’s continued detention is crucial to ensure his appearance at trial, citing his refusal to acknowledge the ICC’s legitimacy and his prior statements likening his arrest to “kidnapping.”

The court also noted that before his arrest, Duterte was still active in public engagements, delivering speeches before large crowds—contradicting claims of his frailty and reinforcing the possibility of flight.

The Chamber’s Findings

In its decision, the Chamber cited several reasons for rejecting the plea for release.

“Mr. Duterte has, from his initial appearance, contested his arrest and detention, qualifying it as a ‘pure and simple kidnapping,’” the Chamber wrote.

It also pointed to the public resistance and statements from Duterte’s family, particularly those of his daughter, who reportedly suggested the idea of “breaking him out” of detention and accused the ICC of colluding with the Philippine government and using “fake witnesses.”

The Chamber further noted that on August 19, 2025, Duterte allegedly told his daughter that he wished to return to Davao City if granted release—contradicting assurances that he would remain within the jurisdiction of the state where he might be freed.

“These statements demonstrate Mr. Duterte’s rejection of the Court’s authority and the willingness of his close family to help him evade prosecution,” the Chamber concluded.