THE HAGUE — The Office of the Prosecutor at the International Criminal Court (ICC) has formally opposed former Philippine President Rodrigo Duterte’s request for interim release, citing serious concerns over flight risk, obstruction of justice, and potential witness intimidation.

In a 15-page response submitted on 23 June, the prosecution urged the court to deny Duterte’s petition filed earlier this month. Prosecutors argued that “Mr Duterte’s continued detention is necessary to ensure his appearance at trial,” emphasizing that he poses a significant threat to the integrity of the legal process.

Duterte, 80, was arrested on March 11, 2025 upon arrival from Hong Kong, following an ICC warrant accusing him of orchestrating mass killings during his administration’s bloody anti-drug campaign. He was transferred to The Hague the same day and appeared via video link before ICC judges on March 14. A hearing to confirm charges is scheduled for September 23.

Concerns Over Interference and Intimidation

The prosecution stated that Duterte “does not accept the legitimacy of the legal proceedings against him,” asserting that his continued detention is crucial to prevent obstruction. The court filing warned that the former leader “has the ability to interfere with and intimidate witnesses if released,” citing his longstanding political influence and record of public threats.

“He, his family and associates are capable of influencing and harming witnesses,” prosecutors wrote, referencing Duterte’s politically active children and his persistent network of allies throughout the country.

The filing also referred to past incidents of alleged interference with investigations, including cases involving former Senator Leila de Lima and self-confessed hitman Edgar Matobato. “Duterte and his associates have a history of interfering with investigations against him,” the document noted.

Flight Risk and Political Reach

Prosecutors cautioned that Duterte’s continued access to political and financial resources could facilitate flight.

“His political position and international contacts, as well as his financial situation and resources may be a factor that would enable them to abscond,” the court submission stated.

Although the defense maintains that Duterte poses no risk of committing new crimes, prosecutors reiterated that his previous conduct and public rhetoric raise serious concern.

Humanitarian Arguments Rejected

Responding to Duterte’s appeal for release on humanitarian grounds, the prosecution was unequivocal: “These factors are not on their own a consideration in the Chamber’s decision.”

The defense proposed releasing Duterte to an unnamed country willing to host him under specific conditions. The identity of the country was redacted in the public version of the request. While prosecutors initially expressed no objection to the plan under certain conditions, they now stress that Duterte’s continued detention is essential.

“The Prosecution respectfully requests that the Chamber reject the Defense’s Request for the interim release of Mr Duterte,” concluded the document signed by ICC Deputy Prosecutor Mame Mandiaye Niang.

Legal Setbacks Mount

Duterte’s legal team recently faced another setback after the ICC rejected its move to disqualify two judges from ruling on a jurisdictional challenge.

In a decision dated June 9, Judge Tomoko Akane confirmed that the court’s plenary dismissed Duterte’s petition against Judges Reine Alapini-Gansou and Sergio Gerardo Ugalde Godínez.

Duterte remains in detention in The Hague as proceedings continue regarding alleged crimes against humanity linked to his administration’s anti-drug campaign. Human rights organizations estimate that thousands were killed in extrajudicial operations between 2016 and 2022.

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