11/10/2025
๐ค&๐: ๐ช๐ต๐ ๐๐ต๐ฒ ๐๐๐ ๐๐ฒ๐ป๐ถ๐ฒ๐ฑ ๐๐ผ๐ฟ๐บ๐ฒ๐ฟ ๐ฃ๐ฟ๐ฒ๐๐ถ๐ฑ๐ฒ๐ป๐ ๐๐๐๐ฒ๐ฟ๐๐ฒโ๐ ๐ฅ๐ฒ๐พ๐๐ฒ๐๐ ๐ณ๐ผ๐ฟ ๐๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ฅ๐ฒ๐น๐ฒ๐ฎ๐๐ฒ
By Dean Ralph Sarmiento
๐๐ฎ๐๐ฒ ๐ผ๐ณ ๐๐ฒ๐ฐ๐ถ๐๐ถ๐ผ๐ป: 10 October 2025
๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ: Pre-Trial Chamber I
๐๐๐ฑ๐ด๐ฒ๐: Iulia Antoanella Motoc (Presiding), Reine Adรฉlaรฏde Sophie Alapini-Gansou, Marรญa del Socorro Flores Liera
๐ช๐ต๐ฎ๐ ๐๐ฎ๐ ๐๐ต๐ฒ ๐๐๐ ๐ฑ๐ฒ๐ฐ๐ถ๐๐ถ๐ผ๐ป ๐ผ๐ป ๐๐ฃ๐ฅ๐ฅ๐'๐ ๐ฅ๐ฒ๐พ๐๐ฒ๐๐ ๐ณ๐ผ๐ฟ ๐๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ฅ๐ฒ๐น๐ฒ๐ฎ๐๐ฒ?
The ICC Pre-Trial Chamber I ๐ฑ๐ฒ๐ป๐ถ๐ฒ๐ฑ FPRRDโs request for interim release. This means he will ๐ฟ๐ฒ๐บ๐ฎ๐ถ๐ป ๐ถ๐ป ๐ฑ๐ฒ๐๐ฒ๐ป๐๐ถ๐ผ๐ป at the ICC Detention Centre in The Hague while his case is being heard.
The Chamber based its decision on ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฑ๐ด(๐ญ)(๐ฏ) ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐ผ๐บ๐ฒ ๐ฆ๐๐ฎ๐๐๐๐ฒ that allows detention if it is needed to:
1. Ensure the person appears for trial
2. Prevent obstruction or endangerment of the case
3. Prevent further crimes.
The Chamber concluded all three grounds apply to FPRRD. The Chamber stated:
โThe Chamber finds that, at present, the detention of Mr Duterte is required so as to ensure his appearance in these proceedings, that he does not obstruct or endanger the investigation or the Courtโs proceedings, and to prevent the commission of related crimes within the jurisdiction of the Court.โ
๐ช๐ต๐ ๐ฑ๐ถ๐ฑ ๐๐ต๐ฒ ๐๐๐ ๐ฑ๐ฒ๐ป๐ ๐๐ต๐ฒ ๐ฟ๐ฒ๐พ๐๐ฒ๐๐ ๐ณ๐ผ๐ฟ ๐ถ๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ฟ๐ฒ๐น๐ฒ๐ฎ๐๐ฒ?
The judges based their decision on ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฑ๐ด(๐ญ)(๐ฏ) ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐ผ๐บ๐ฒ ๐ฆ๐๐ฎ๐๐๐๐ฒ. They found that:
1. There is a ๐ฟ๐ถ๐๐ธ ๐ผ๐ณ ๐ณ๐น๐ถ๐ด๐ต๐.
2. There is a ๐ฟ๐ถ๐๐ธ ๐ผ๐ณ ๐ถ๐ป๐๐ฒ๐ฟ๐ณ๐ฒ๐ฟ๐ฒ๐ป๐ฐ๐ฒ with witnesses and the investigation.
3. There is a ๐ฟ๐ถ๐๐ธ ๐ผ๐ณ ๐ฐ๐ผ๐บ๐บ๐ถ๐๐๐ถ๐ป๐ด ๐ณ๐๐ฟ๐๐ต๐ฒ๐ฟ ๐ฐ๐ฟ๐ถ๐บ๐ฒ๐ if released.
๐๐ผ๐ ๐ฑ๐ถ๐ฑ ๐๐ฃ๐ฅ๐ฅ๐โ๐ ๐ณ๐ฎ๐บ๐ถ๐น๐ ๐ฎ๐ณ๐ณ๐ฒ๐ฐ๐ ๐๐ต๐ฒ ๐๐ผ๐๐ฟ๐โ๐ ๐ฑ๐ฒ๐ฐ๐ถ๐๐ถ๐ผ๐ป?
The Chamber ๐ฒ๐
๐ฝ๐น๐ถ๐ฐ๐ถ๐๐น๐ ๐ฐ๐ถ๐๐ฒ๐ฑ statements and actions by ๐ฉ๐ฃ ๐ฆ๐ฎ๐ฟ๐ฎ ๐๐๐๐ฒ๐ฟ๐๐ฒ, as one of the factors showing risk of flight and obstruction. The Chamber stated:
โMore specifically, the Chamber notes that, on 19 July 2025 Mr Duterteโs daughter mentioned in public speeches the ๐๐ต๐ฒ ๐ถ๐ฑ๐ฒ๐ฎ ๐ผ๐ณ ๐ฏ๐ฟ๐ฒ๐ฎ๐ธ๐ถ๐ป๐ด ๐ ๐ฟ ๐๐๐๐ฒ๐ฟ๐๐ฒ ๐ผ๐๐ of the ICC Detention Centre, and ๐ฎ๐๐๐ฒ๐บ๐ฝ๐๐ฒ๐ฑ ๐๐ผ ๐ฑ๐ฒ๐น๐ฒ๐ด๐ถ๐๐ถ๐บ๐ถ๐๐ฒ ๐๐ต๐ฒ ๐๐ผ๐๐ฟ๐โ๐ ๐ฝ๐ฟ๐ผ๐ฐ๐ฒ๐ฒ๐ฑ๐ถ๐ป๐ด๐ against Mr Duterte, citing collusion between the Court and the government of the Philippines as well as the use of โ๐ณ๐ฎ๐ธ๐ฒ ๐๐ถ๐๐ป๐ฒ๐๐๐ฒ๐โ. Furthermore, the Chamber notes that Mr Duterteโs daughter allegedly indicated on 19 August 2025 that Mr Duterte had told her that ๐ต๐ฒ ๐๐ถ๐๐ต๐ฒ๐ ๐๐ผ ๐ฟ๐ฒ๐๐๐ฟ๐ป ๐๐ผ ๐๐ฎ๐๐ฎ๐ผ ๐๐ถ๐๐, ๐๐ต๐ผ๐๐น๐ฑ ๐ต๐ฒ ๐ฏ๐ฒ ๐ด๐ฟ๐ฎ๐ป๐๐ฒ๐ฑ ๐ถ๐ป๐๐ฒ๐ฟ๐ถ๐บ ๐ฟ๐ฒ๐น๐ฒ๐ฎ๐๐ฒ, in contradiction with the Defenceโs assertion that he would remain in the State he would be released to. The foregoing illustrates Mr Duterteโs rejection of the proceedings against him before the Court, and ๐๐ต๐ฒ ๐๐ถ๐น๐น ๐ผ๐ณ ๐ต๐ถ๐ ๐ฐ๐น๐ผ๐๐ฒ ๐ณ๐ฎ๐บ๐ถ๐น๐ ๐๐ผ ๐ต๐ฒ๐น๐ฝ ๐ต๐ถ๐บ ๐ฒ๐น๐๐ฑ๐ฒ ๐ฑ๐ฒ๐๐ฒ๐ป๐๐ถ๐ผ๐ป ๐ฎ๐ป๐ฑ ๐ฝ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐๐ถ๐ผ๐ป.โ
The Chamber also noted that "considering Mr Duterteโs sonโs position of power in the Philippines at one of the locations of the crimes alleged in the Warrant of Arrest and the DCC, the Chamber finds that this risk continues to exist even if Mr Duterte would be released to a location that falls outside of the geographic scope of the alleged crimes."
๐ช๐ต๐ ๐ฑ๐ถ๐ฑ ๐๐ต๐ฒ ๐๐๐ ๐ณ๐ถ๐ป๐ฑ ๐๐ฃ๐ฅ๐ฅ๐ ๐ฎ๐ ๐ฎ ๐ณ๐น๐ถ๐ด๐ต๐ ๐ฟ๐ถ๐๐ธ?
The judges noted several factors showing FPRRD might try to avoid trial:
โMoreover, given ๐ ๐ฟ ๐๐๐๐ฒ๐ฟ๐๐ฒโ๐ ๐ฝ๐ผ๐๐ถ๐๐ถ๐ผ๐ป ๐ฎ๐ ๐ณ๐ผ๐ฟ๐บ๐ฒ๐ฟ ๐ฃ๐ฟ๐ฒ๐๐ถ๐ฑ๐ฒ๐ป๐ ๐ผ๐ณ ๐๐ต๐ฒ ๐ฃ๐ต๐ถ๐น๐ถ๐ฝ๐ฝ๐ถ๐ป๐ฒ๐, 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 ๐ฐ๐ผ๐ป๐๐ถ๐ป๐๐ฒ๐ฑ ๐๐๐ฝ๐ฝ๐ผ๐ฟ๐ ๐ถ๐ป ๐๐ต๐ฒ ๐ฃ๐ต๐ถ๐น๐ถ๐ฝ๐ฝ๐ถ๐ป๐ฒ๐ to Mr Duterte is further demonstrated by his election as mayor of Davao City in May 2025. In addition, Mr Duterte is facing multiple charges comprising a number of murders and attempted murders as crimes against humanity, and he may receive a lengthy sentence if all or part of the charges were to be confirmed and he were convicted at trial.โ
The judges also noted that ๐๐ฃ๐ฅ๐ฅ๐ ๐ต๐ถ๐บ๐๐ฒ๐น๐ณ ๐ต๐ฎ๐ ๐พ๐๐ฒ๐๐๐ถ๐ผ๐ป๐ฒ๐ฑ ๐๐ต๐ฒ ๐น๐ฒ๐ด๐ถ๐๐ถ๐บ๐ฎ๐ฐ๐ ๐ผ๐ณ ๐๐ต๐ฒ ๐๐๐ and called his arrest โpure and simple kidnapping,โ showing ๐น๐ฎ๐ฐ๐ธ ๐ผ๐ณ ๐๐ถ๐น๐น๐ถ๐ป๐ด๐ป๐ฒ๐๐ ๐๐ผ ๐ฐ๐ผ๐ผ๐ฝ๐ฒ๐ฟ๐ฎ๐๐ฒ ๐๐ถ๐๐ต ๐๐ต๐ฒ ๐ฝ๐ฟ๐ผ๐ฐ๐ฒ๐ฒ๐ฑ๐ถ๐ป๐ด๐.
๐๐ถ๐ฑ ๐๐ต๐ฒ ๐๐๐ ๐๐ต๐ถ๐ป๐ธ ๐ฟ๐ฒ๐น๐ฒ๐ฎ๐๐ถ๐ป๐ด ๐๐ฃ๐ฅ๐ฅ๐ ๐๐ผ๐๐น๐ฑ ๐ฒ๐ป๐ฑ๐ฎ๐ป๐ด๐ฒ๐ฟ ๐๐ถ๐๐ป๐ฒ๐๐๐ฒ๐?
The judges noted FPRRDโs past behavior, including attempts to influence witnesses and retaliate against critics, as evidence of his capacity to interfere with proceedings. They found that, contrary to the Defenceโs assertion, if interim release were to be granted, there is a risk that FPRRD would pose a threat to (potential) witnesses, either directly or indirectly through his supporters:
"In light of the abovementioned circumstances regarding Mr Duterteโs willingness to elude prosecution, the Chamber considers that Mr Duterte would therefore have a strong incentive to influence the Prosecutionโs witnesses before the start of any trial.
๐๐ถ๐ฑ ๐๐ต๐ฒ ๐๐๐ ๐๐ฒ๐ฒ ๐ฎ ๐ฟ๐ถ๐๐ธ ๐ผ๐ณ ๐๐ฃ๐ฅ๐ฅ๐ ๐ฐ๐ผ๐บ๐บ๐ถ๐๐๐ถ๐ป๐ด ๐ณ๐๐ฟ๐๐ต๐ฒ๐ฟ ๐ฐ๐ฟ๐ถ๐บ๐ฒ๐?
The Chamber was of the view that, contrary to the Defenceโs assertion, there exists a risk that, should he be released, FPRRD continue committing the crimes charged against him or related crimes within the Courtโs jurisdiction. The Chamber highlighted FPRRD's recent return to local politics:
โNo later than in 2024, Mr Duterte has allegedly ๐ฝ๐น๐ฒ๐ฑ๐ด๐ฒ๐ฑ ๐๐ผ ๐ฑ๐ผ๐๐ฏ๐น๐ฒ ๐๐ต๐ฒ ๐ธ๐ถ๐น๐น๐ถ๐ป๐ด๐ if he were to be elected again as Mayor of Davao City and, in May 2025, he was indeed re-elected mayor of Davao City, while his son was elected vice-Mayor of the same city. The Chamber recalls that some of the crimes alleged in the Warrant of Arrest and under Count 1 in the DCC were allegedly committed when Mr Duterte held the position of Mayor of Davao City. As such, should he return to Davao City, Mr Duterte would be placed in the very position that allowed him to commit the crimes for which his arrest and surrender to the Court was initially sought.โ
๐๐ถ๐ฑ ๐๐ต๐ฒ ๐๐๐ ๐ฐ๐ผ๐ป๐๐ถ๐ฑ๐ฒ๐ฟ ๐๐ฃ๐ฅ๐ฅ๐'๐ ๐บ๐ฒ๐ฑ๐ถ๐ฐ๐ฎ๐น ๐ฐ๐ผ๐ป๐ฑ๐ถ๐๐ถ๐ผ๐ป?
Yes, but the judges found ๐๐ต๐ฒ ๐บ๐ฒ๐ฑ๐ถ๐ฐ๐ฎ๐น ๐ฑ๐ผ๐ฐ๐๐บ๐ฒ๐ป๐๐ ๐ฑ๐ถ๐ฑ ๐ป๐ผ๐ ๐ป๐ฒ๐ด๐ฎ๐๐ฒ ๐๐ต๐ฒ ๐ฟ๐ถ๐๐ธ๐. The Chamber stated:
"... the issue of fitness to stand trial is factually and legally distinct from the question of interim release. In this regard, and following a thorough review, the Chamber considers that the above mentioned documents do not indicate how Mr Duterteโs alleged physical condition or cognitive impairment negate the risks identified above."
๐๐ผ๐ฒ๐ โ๐ฐ๐ผ๐ป๐๐ถ๐ป๐๐ฒ๐ฑ ๐ฑ๐ฒ๐๐ฒ๐ป๐๐ถ๐ผ๐ปโ ๐บ๐ฒ๐ฎ๐ป ๐๐ต๐ฒ ๐๐๐ ๐ถ๐ ๐๐ถ๐ผ๐น๐ฎ๐๐ถ๐ป๐ด ๐๐๐๐ฒ๐ฟ๐๐ฒโ๐ ๐ฝ๐ฟ๐ฒ๐๐๐บ๐ฝ๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐ถ๐ป๐ป๐ผ๐ฐ๐ฒ๐ป๐ฐ๐ฒ?
No. Under ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฒ๐ฒ ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐ผ๐บ๐ฒ ๐ฆ๐๐ฎ๐๐๐๐ฒ, everyone shall be ๐ฝ๐ฟ๐ฒ๐๐๐บ๐ฒ๐ฑ ๐ถ๐ป๐ป๐ผ๐ฐ๐ฒ๐ป๐ ๐๐ป๐๐ถ๐น ๐ฝ๐ฟ๐ผ๐๐ฒ๐ฑ ๐ด๐๐ถ๐น๐๐ before the Court in accordance with the applicable law. The onus is on the Prosecutor to prove the guilt of the accused. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
Hence, the decision on FPRRD's Request for Interim Release is ๐ป๐ผ๐ ๐ฎ ๐ฑ๐ฒ๐ฐ๐น๐ฎ๐ฟ๐ฎ๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐ด๐๐ถ๐น๐. It is merely a procedural ruling about whether detention is still justified under the Rome Statute and the ICC Rules.
๐๐ผ๐๐น๐ฑ ๐๐ฃ๐ฅ๐ฅ๐ ๐๐๐ถ๐น๐น ๐ด๐ฒ๐ ๐ฟ๐ฒ๐น๐ฒ๐ฎ๐๐ฒ๐ฑ ๐น๐ฎ๐๐ฒ๐ฟ, ๐ฏ๐ฒ๐ณ๐ผ๐ฟ๐ฒ ๐๐ฟ๐ถ๐ฎ๐น?
Yes. ๐๐ฟ๐๐ถ๐ฐ๐น๐ฒ ๐ฒ๐ฌ(๐ฏ) ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐ผ๐บ๐ฒ ๐ฆ๐๐ฎ๐๐๐๐ฒ states that the Pre-Trial Chamber shall ๐ฝ๐ฒ๐ฟ๐ถ๐ผ๐ฑ๐ถ๐ฐ๐ฎ๐น๐น๐ ๐ฟ๐ฒ๐๐ถ๐ฒ๐ ๐ถ๐๐ ๐ฟ๐๐น๐ถ๐ป๐ด on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that ๐ฐ๐ต๐ฎ๐ป๐ด๐ฒ๐ฑ ๐ฐ๐ถ๐ฟ๐ฐ๐๐บ๐๐๐ฎ๐ป๐ฐ๐ฒ๐ so require.
Hence, If FPRRF can later show changed circumstances (for example, reduced risk of flight, enforcement of strong guarantees, health decline beyond a threshold), the Chamber might reconsider and modify its ruling. But until then, FPRRD shall remain in detention.
