Duterte defense team awaits appeal of detention decision

THE defense team of former president Rodrigo Duterte told the International Criminal Court (ICC) that it would not oppose his continued detention while awaiting a ruling from the Appeals Chamber on its challenge to an earlier decision denying his release.

The statement came during a public hearing convened to review Duterte’s detention under Article 118 of the Rome Statute, which mandates an annual assessment of a suspect’s custody. The last detention review was conducted on March 14, 2025.

Nicholas Kaufman, speaking for the defense, confirmed that the team had filed an appeal against the pre-trial chamber’s earlier detention ruling.

“As your honors are aware, the defense has appealed the pre-trial chamber’s decision on the first detention review,” Kaufman said. “Since we are still awaiting a judgment of the Appeals Chamber, the defense will not oppose the continuation of Mr. Duterte’s current detention.”

He did not present any new arguments for the interim release.

Prosecution arguments

Earlier in the hearing, the Office of the Prosecutor (OTP), represented by Senior Trial Lawyer Julian Nicholls, argued that no change in circumstances would justify Duterte’s release.

The prosecution cited Duterte’s waiver submitted for the confirmation of charges hearing, in which he explicitly rejected ICC jurisdiction and described his transfer to The Hague as a “kidnapping.”

Nicholls said Duterte’s prior statements and his refusal to attend even the current hearing by video link demonstrated that he would not voluntarily comply with court orders if released.

Although the defense previously suggested he could follow proceedings from a third country via video link, the prosecution noted there was no guarantee he would do so in practice.

Victims’ arguments

Legal representatives of participating victims also urged the court to maintain Duterte’s detention, citing flight risk, potential interference with proceedings, and safety concerns.

Joel Butuyan, representing the victims, said recent developments “strongly support and fully warrant Mr. Duterte’s continued detention,” pointing to Duterte’s refusal to recognize ICC jurisdiction and repeated claims of being “kidnapped” and illegally surrendered.

“Mr. Duterte has clearly demonstrated that he will abscond from the jurisdiction of this court if released,” Butuyan said. “If he cannot even hide his contempt for this court while under detention, imagine how he would act if released.”

Butuyan also highlighted Duterte’s support network, noting more than 160,000 signatures on a petition to the Philippine Supreme Court seeking a writ of habeas corpus to facilitate his return, as well as submissions from three of Duterte’s children, including Davao City 1st District Rep. Paolo Duterte, urging the Supreme Court to order his release and prevent cooperation with the ICC.

“These actions demonstrate that Duterte benefits from a network capable of facilitating his flight from the ICC’s jurisdiction,” Butuyan said.

The counsel added that the completion of the confirmation of charges hearing further increases Duterte’s incentive to flee and noted that ICC experts confirmed his capacity to follow proceedings, implying he can assess and act on his situation, including absconding.

Butuyan reminded the court that previous findings established Duterte’s propensity to interfere with investigations, a determination unchallenged by any new evidence, and that no circumstances suggest his support network has dissipated.

Duterte has been in ICC custody since March 2025. Victims’ counsel argued that the detention period is reasonable given the gravity, complexity and wide scope of the charges, and that no inexcusable delay is attributable to the prosecution.

Butuyan emphasized continuing concerns for the safety of victims and their families if Duterte were released, citing risks of intimidation and renewed instability in communities.

“Releasing Mr. Duterte would create risks that the statute seeks expressly to prevent,” he said, urging the court to safeguard both the integrity of proceedings and the protection of victims and witnesses.

At the conclusion of the hearing, Judge Motoc said the chamber would consider all submissions before issuing a written decision on Duterte’s continued detention, in accordance with ICC rules. The hearing was then adjourned.

ICC funding and independence

Meanwhile, the OTP clarified that its operations are fully funded through member-state contributions and do not rely on foreign donors or unofficial cash deliveries, amid allegations related to its investigation in the Philippines.

Deputy Prosecutor Mame Mandiaye Niang dismissed media reports that investigators received private funding.

“The Office of the Prosecutor functions solely through resources allocated by member states,” she said. “These are the only resources we use, either through the regular budget or properly documented extra-budgetary funds.”

Niang emphasized the ICC’s operational independence, including decisions on which witnesses to interview and how to pursue evidence.

“Even when cooperating with civil society organizations or government officials, we retain our independence,” she said.

She also addressed concerns for the safety of ICC personnel after photos of alleged investigators circulated on social media and during televised hearings.

Niang described the exposures as deliberate attempts to intimidate staff but assured that measures are in place to protect personnel and ensure investigations continue securely.

“Our missions should not be in the open public,” she said, adding that future operations would be conducted with heightened caution.

A separate statement from the OTP reiterated that its activities are fully funded by the court’s budget, approved by the ICC Assembly of States Parties, and subject to oversight mechanisms.

“The costs related to OTP prosecutions and investigative activities, including mission expenses, are fully covered by this budget, and managed strictly by the Office in an independent and transparent manner, and in accordance with ICC financial rules and regulations,” the statement said.

The OTP added that it independently collects information, identifies individuals from whom it gathers witness statements, and assesses the credibility, reliability and relevance of all sources.

Both incriminating and exonerating evidence are examined equally, and disclosure is strictly regulated under the supervision of independent judges.

The ICC emphasized that it does not comment on operational matters of ongoing investigations to protect the integrity of its work and ensure the safety of victims, witnesses, and staff.

“The sources of evidence, including names of staff and witnesses or institutions/organizations the Office interacts with during its investigations, are subject to confidentiality,” the statement said.

The clarification followed claims by lawyer Levito Baligod, citing former Marines who alleged ICC investigators received accommodations and food funded by former senator Antonio Trillanes IV and resigned Congressman Zaldy Co. No evidence has yet been produced to support these allegations.

‘Justice and truth prevailed’

A group of Filipinos in Europe calling for Duterte to be held accountable for his controversial war on drugs said justice and truth prevailed during the confirmation of charges against him at the ICC.

In a statement posted on their Facebook page on Saturday, Duterte Panagutin Europe said the prosecution described the agony of families of the victims of extrajudicial killings (EJK).

“Throughout the proceedings, the prosecution carefully and powerfully described the pain carried for years by the families of EJK victims. They showed the systematic and widespread nature of the killings carried out during Duterte’s drug war, and they demonstrated how Duterte’s own public pronouncements and tirades point directly to his responsibility,” they said.

“The stories of the victims were not mere statistics, as Duterte’s defense team tried to portray. In bringing their lived realities before the ICC, both the prosecution and the Common Legal Representative of Victims (CLRV) ensured that the voices long ignored in the Philippines were finally heard on the international stage,” the group added.

They called for the full confirmation of charges and for Duterte to face the full weight of the law.

“The charges must be confirmed, and Duterte must face the full weight of the law. Even as Duterte remains detained at the Scheveningen Prison, it is worth remembering that he continues to enjoy rights and protections that he so callously denied his victims,” the group said.

On Friday, the group hit the presentation of Duterte’s defense lawyer, Kaufman, saying that it lacked real evidence.

“What’s more disturbing is the defense team’s attempt to minimize the extrajudicial killings by claiming that the deaths were only a slim percentage of the total number of arrested individuals under Duterte’s drug war. Attempts to downplay or obscure these deaths are a grave insult to the victims and their families, who continue to demand justice,” the group said in an earlier statement.

Duterte had been in detention in the ICC’s Scheveningen Prison in The Hague, the Netherlands, since March last year. — Franco Jose C. Baroña and Aric John Sy Cua