Prosecutors Urge ICC Anew To deny Duterte's Request For Temporary Release
THE HAGUE, Netherlands—The Prosecution in the case against former Philippine president Rodrigo Duterte has urged the International Criminal Court (ICC) to reject the defense's “Renewed Request for Interim Release."
In its response dated 12 September 2025, signed by Deputy Prosecutor Mame Mandiaye Niang, the prosecution argued that the conditions under Article 58(1)(a) and 58(1)(b)(i)-(iii) of the Rome Statute continue to justify Duterte´s detention.
They highlighted recent incidents, including public statements by Duterte’s daughter, Vice President, which according to them "undermine the legitimacy of the Court".
"For example, on 19 July 2025, Sara Duterte, the current Vice President of the Philippines, spoke in front of a crowd in The Hague and was interviewed afterwards. During this event, she repeated the claim that Mr Duterte was “kidnapped” by the ICC and stated that it was “illegal” to bring him to the Court. She also told supporters, supposedly in jest, that she had discussed breaking Mr Duterte out of the ICC Detention Unit with a colleague. She reportedly made similar comments during a Facebook live stream while in the Kingdom of the Netherlands (the “Netherlands”) allegedly stating “let’s all collaborate on a jailbreak”," the prosecution's response read.
The prosecution viewed these as examples “that demonstrate a pattern of the Duterte family refusing to accept the legitimacy of the legal proceedings against Mr Duterte”, therefore reasons against granting his interim release.
Additionally, the prosecution warned that Duterte’s release would increase the risk of obstruction, citing his desire to return to Davao City, where he allegedly pledged to “double the killings the moment [he] return[s]” if elected mayor. It added that the release “would provide him (Duterte) with greater access to his family and associates and thereby increase the likelihood of interference with the case against him.“
The prosecution also cited conversations that were made public by Duterte´s daughter. ¨She (Vice-President Sara Durte) also claimed that she had gotten in trouble for talking about “prohibited things” with Mr Duterte while visiting him at the ICC Detention Unit."
The prosecution has also challenged the credibility of the defence reports, stating they “should not be relied upon at this stage of the proceedings” and that the defence’s extrapolations are unsupported by expert findings. Ultimately, the Prosecution concluded that Duterte “presents a risk pursuant to article 58(1)(b)” and that interim release should be denied.
