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Janvic Mateo - The Philippine Star
January 13, 2026 | 12:00am
Former president Rodrigo Duterte on October 28, 2024.
STAR / Jesse Bustos
MANILA, Philippines — Claiming that former president Rodrigo Duterte is already “an emaciated, infirm and incapacitated shadow of his former self,” his lawyer has again moved for his interim release from detention at the International Criminal Court (ICC).
In a Jan. 9 court filing released over the weekend, defense lawyer Nicholas Kaufman again insisted that the former president’s supposedly declining health mitigates the risks that the judges earlier identified when they ruled against the interim release request.
“The passage of time has taken a grievous toll on Mr. Duterte’s health, with the panel of experts appointed by the Pre-Trial Chamber agreeing that he is old, frail and suffering from ‘unexplained weight loss,’” Kaufman wrote in his submission.
“Mr. Duterte is unable to function on a daily basis without constant assistance,” he added.
The filing was part of the observations submitted by parties ahead of the first review of Duterte’s pre-trial detention.
Under ICC’s rules, the Pre-Trial Chamber shall review a ruling on a suspect’s release or detention at least every 120 days.
According to Kaufman, the supposed deterioration of Duterte’s health may be considered a “change in circumstance” that could warrant a new decision regarding the former president’s detention.
Duterte has been staying at the ICC Detention Center in The Hague since he was turned over by the Philippine government to the ICC in March last year.
His last public appearance was during his initial hearing via video link from his detention facility on March 14.
To support their claim, Kaufman submitted a report made by their own experts, which claimed that Duterte’s condition minimizes the risks of flight, threat to witnesses and commission of the alleged crimes.
He maintained that their experts’ findings on Duterte’s supposed cognitive deficiencies were also found by the court-appointed experts.
The defense lawyer tried to explain the former president’s underperformance in the validity tests, saying none of the Court-appointed experts concluded that it was deliberate on the part of Duterte.
He called out the ICC deputy prosecutor Mame Mandiaye Niang for interpreting the experts’ finding to make it seem like Duterte was “feigning cognitive impairments in an attempt to avoid a trial on the merits.”
‘No change’
In a separate filing, Niang maintained that Duterte should remain in detention as there was no change in circumstances since the last ruling made by the Pre-Trial Chamber.
“The Prosecution is not aware of any change in circumstances or new facts which would require the Chamber to modify its Decision. On the contrary, recent developments lend further support for Mr. Duterte’s continued detention,” he said.
He cited recent statements made by Duterte’s relatives, including his daughter Vice President Sara Duterte and his grandson Rep. Omar Duterte, who doubled down on their claim that the former president was “kidnapped.”
