Duterte’s lawyer pushing for interim release anew

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January 8, 2026 | 12:00am

MANILA, Philippines — The defense team of former president Rodrigo Duterte has initiated new efforts to secure his interim release from detention at the International Criminal Court (ICC).

Defense lawyer Nicholas Kaufman last month filed a request asking the ICC Pre-Trial Chamber I to direct the panel of medical experts to issue a report on whether Duterte’s “current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes.”

“In light of previous rulings on matters pertaining to Mr. Duterte’s cognitive state, the Defense is presently unable to substantiate its medical submissions other than through the Panel that the Pre-Trial Chamber has deemed to be independent,” read the eight-page request dated Dec. 19.

“Accordingly, the Defense requests that the Pre-Trial Chamber order the Panel to provide an opinion, on the basis of its collective clinical examination, as to Mr. Duterte’s current ability to actualize the risk factors under Article 58(1)(b),” it added.

Article 58(1)(b) refers to the provision in the Rome Statute, the treaty that established the ICC, that prescribes why a person should be detained while proceedings are ongoing.

Kaufman’s request, if granted, would provide the defense an independent medical opinion on whether Duterte’s health condition minimizes the risks that warrant his continued detention.

If favorable to their position, the defense can then use this as basis for a review of Duterte’s ongoing detention.

Duterte’s initial request for interim release was denied last year after pre-trial chamber judges determined that there is a risk that he would flee, intimidate witnesses and continue committing the alleged crimes.

The ruling was later affirmed by the ICC Appeals Chamber.

But according to Kaufman, Duterte’s deteriorating health should be factored in when assessing the risk factors related to interim release.

A panel report, he argued, “would allow the Pre-Trial Chamber more accurately to assess whether any risks emanating from Mr. Duterte can be sufficiently mitigated.”

Under ICC’s rules, the Pre-Trial Chamber shall review a ruling on a suspect’s release or detention at least every 120 days.

The chamber is also obliged to reconsider its decision if circumstances surrounding a person’s detention have changed.

Both the prosecution and the victims’ counsel have opposed the request for the expert report.

ICC deputy prosecutor Mame Mandiaye Niang said the requested expert evidence “is unnecessary as the Chamber already has all the information required to decide the question of provisional release.”

“The request, in essence, constitutes another attempt by the Defense to relitigate issues previously adjudicated. The Chamber has already considered and rejected the Defense’s argument that Mr. Duterte’s health can mitigate the risks… This decision was subsequently upheld by the Appeals Chamber,” he wrote.

“The alleged deterioration of Mr. Duterte’s health does not justify the need for a further expert report, nor does it constitute a changed circumstance. The impact of time on his physical health is consistent with the natural process of aging,” added the deputy prosecutor.

Paolina Massidda, principal counsel of the Office of the Public Counsel for Victims, added that the defense’s request “is without merit and finds no support in the statutory framework of the Court.”

“Any proposed additional report is unnecessary as the Chamber has received comprehensive individual reports and a joint panel report of three Court-appointed independent experts on Mr. Duterte’s state of health and cognitive abilities that allow it to draw conclusions if and where warranted,” she said.

“The Chamber has before it sufficient material to decide both on Mr. Duterte’s fitness and the impact, if any, his state of health might have on considerations surrounding the review of his pre-trial detention,” added Massidda.