FACT CHECK: Duterte still detained, no ICC decision yet on interim release

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The ICC prosecution strongly opposes the interim release request, saying Duterte poses a flight risk and could obstruct the investigation

Claim: Former Philippine president Rodrigo Duterte is set to be released from his detention at the International Criminal Court (ICC), and multiple countries have extended asylum offers to him.

Rating: FALSE

Why we fact-checked this: The TikTok video containing the claim has 1.1 million views, 54,900 likes, 991 shares, and 4,560 comments as of writing.

Text in the video states: “Tatay Digong makakalaya na ngayong araw! Asan na ‘yung taong nagsabing gigilitan niya leeg niya pag nakalaya si Tatay? May mga bansang nag-offer sa kanya.”

(Father Digong is set to be released today! Where is the person who said they would slit their own throat if Father got released? Some countries have offered him asylum.)

The top-liked comment came from the video creator himself, who claimed: “Yes guys, legit po. Pero hindi siya sa Pilipinas at mas okay na sa ibang bansa siya kaysa dito. At least, malaya siya at hindi nakakulong. Marami ring bansang nag-offer na doon siya manirahan, kaya congratulations sa ating lahat, mga ka-DDS (Diehard Duterte Supporters).” 

(Yes, guys, it’s legit. But he won’t be in the Philippines and it’s better for him to be abroad than here. At least he’s free and not in jail. Many countries offered to take him in, so congratulations to all of us, fellow DDS.)

Other top comments echoed this sentiment, with one user writing, “Swerte ‘yong bansa na ‘yon. Siguradong tataas ang tourist spots nila.”

(That country is lucky. Their tourist spots will surely get more visitors.)

The facts: Duterte remains detained at the ICC detention center in The Hague, Netherlands, following his March 11 arrest on charges of crimes against humanity linked to thousands of killings during his administration’s deadly war on drugs.

On June 12, his legal team filed a request for interim release citing humanitarian grounds such as Duterte’s advanced age. The Duterte camp also mentioned the willingness of an unnamed foreign country to host him under court-imposed conditions.

As the ICC Pre-Trial Chamber I has not yet decided on this request, Duterte remains in detention, contrary to the misleading video’s claim.

Strong opposition: The ICC prosecution has strongly opposed the request for interim release, asserting that all of the conditions for the ICC chamber to reject an interim release request were met:

  1. The suspect is a flight risk 
  2. The suspect will jeopardize the investigation if released 
  3. The suspect will recommit the same alleged crimes if released

In a filing dated June 23 and signed by Deputy Prosecutor Mame Mandiaye Niang, the prosecution stressed that “the continued detention of Mr. Duterte remains necessary.” Niang is currently acting in place of Prosecutor Karim Khan, who is on leave amid an ongoing investigation into allegations of sexual misconduct.

In opposing the interim release request, the prosecution also pointed to Duterte’s own public threats, stating: “Mr. Duterte’s proclamations that he would rather die than appear before the Court, or would ‘finish’ ICC staff assisting with his arrest and transfer in ‘a shootout,’ is not consistent with the behavior of an individual committed to returning for his appearance at trial and casts doubt on his recently stated commitment.”

Host country considerations: The ICC prosecution also clarified that, contrary to claims by Duterte’s legal team, the prosecution agreed to an interim release to another country, and not to Duterte’s chosen country.

The prosecution explicitly stated that it “has not agreed in any way to conditions for interim release” to Duterte’s preferred country, citing its poor track record of cooperation with the ICC and past failures to uphold court-imposed conditions.

While this country remains unnamed, Vice President Sara Duterte earlier said during a visit to Melbourne that Australia was being considered by the legal team.

While the ICC chamber has yet to decide on the interim release request, the confirmation of charges hearing is scheduled for September 23. – Marjuice Destinado/Rappler.com

Marjuice Destinado is a junior political science student at Cebu Normal University (CNU). An Aries Rufo Journalism Fellow of Rappler for 2025, she is also the feature editor of Ang Suga, CNU’s official student publication.

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