FACT CHECK: Duterte still in ICC custody, not back in Philippines

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The former president, who remains detained in the Netherlands, plans to apply for interim release, according to his legal counsel 

Claim: Former president Rodrigo Duterte has been brought back to the Philippines following his detention at the International Criminal Court (ICC) in the Hague, Netherlands, over crimes against humanity charges.

Rating: FALSE

Why we fact-checked this: As of writing, the video posted on April 1 has garnered 198,762 views, 11,000 likes, and 956 comments. The channel that published the video has 1.17 million subscribers. 

The video’s title says, “Heto good news! Duterte lead counsel Nicholas Kaufman nagsalita na! Duterte makakalaya na nga ba?” 

(This is good news! Duterte lead counsel Nicholas Kaufman has spoken up! Will Duterte finally be released?)

The narrator also claims in the video “Matapos ang walang katapusang panawagan saan mang sulok ng mundo ng mga Pilipino at kahit na ang ibang lahi ay naibalik na ang dating pangulong Duterte sa bansang Pilipinas.” 

(After the endless plea of Filipinos worldwide and even those from other nationalities, former president Duterte has been brought back to the Philippines.)

The facts: Duterte has not been brought back to the Philippines. The former president remains under ICC custody at the detention center in Scheveningen, The Hague. The hearing confirming the charges against Duterte is scheduled for September 23. 

Duterte was arrested on March 11 over an arrest warrant released by the ICC linked to his administration’s war on drugs that killed around 30,000 people, according to estimates by human rights groups. 

Since his arrest, various false claims have surfaced on social media, including a similar false claim alleging that Duterte had returned home to Davao City.

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Legal issues: The misleading video falsely implies that Kaufman, a British-Israeli lawyer serving as Duterte’s lead counsel at the ICC, “confirmed” Duterte’s release. Kaufman made no such remarks. On April 2, he stated that Duterte would be challenging the ICC’s jurisdiction over him soon, with the petition for his interim release being initiated “when the conditions are ripe.” 

Interim release requires that there is no risk of flight for Duterte, no risk of obstructing the investigation, and no risk of him recommitting the alleged crimes he is accused of. Historically, the ICC has not yet granted interim release to crimes against humanity suspects. (READ: How long will Duterte stay detained at the ICC?)

Meanwhile, the argument questioning the ICC’s jurisdiction over Duterte is hinged on the Philippines’ withdrawal from the court, which took effect in 2019. (EXPLAINER: What you need to know about ICC’s jurisdiction over Duterte) 

The misleading video also cites a GMA News report titled “ICC may consider actions of Duterte camp in bid for interim release, lawyer says.” While the video makes it seem that this would be a positive development in Duterte’s case, the GMA report was actually referring to comments made by Filipino ICC-accredited lawyer Joel Butuyan, who pointed out instances of aggression displayed by Duterte’s supporters, such as bullying and intimidating judges. – Ramon Franco Verano/Rappler.com

Ramon Franco Verano is a graduate of Rappler’s volunteer program. He is a fourth year History student at the University of Santo Tomas. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.

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