No Dutch Law Bars Imprisonment of Seniors Over 80, Contrary to Roque's Claim

Former Presidential Spokesperson Atty. Harry Roque has reportedly expressed intent to appeal to authorities in the Netherlands to spare former President Rodrigo Duterte from possible imprisonment, citing a supposed Dutch law that prohibits incarceration of individuals aged 80 and above.

Duterte, who is facing complaints before the International Criminal Court (ICC) for alleged crimes against humanity related to his administration’s war on drugs, turned 80 earlier this year. Roque, Duterte's former legal counsel, is said to be banking on what he believes is a Dutch legal provision favoring elderly defendants.

However, a review of Dutch law shows that there is no legislation in the Netherlands that prohibits the imprisonment of individuals over the age of 80. Dutch criminal justice standards do allow for age to be considered as a mitigating factorduring sentencing or when evaluating a detainee’s health and fitness to serve time, but there is no categorical exemption based on age.

In the Netherlands, custodial sentences—including life imprisonment—can be applied regardless of the offender’s age. The Dutch Ministry of Justice and Security confirms that prison sentences may still be served by elderly individuals, although they may be granted medical accommodations or subjected to periodic health reviews.

International criminal proceedings, such as those conducted by the International Criminal Court in The Hague, follow a separate legal framework governed by the Rome Statute. While humanitarian considerations like age and medical condition may influence detention or sentencing decisions, they do not override due process or legal accountability for serious crimes.

Legal analysts point out that invoking age-based exemption as a defense in international criminal law is unlikely to succeed, particularly in cases involving allegations of widespread and systematic human rights violations.

As proceedings continue at the ICC, Duterte’s legal team is expected to exhaust all possible legal remedies. But for now, the claim that the Netherlands has a law protecting senior citizens from imprisonment appears to be unfounded.