Calling the ruling “erroneous,” the defense has filed an appeal against the International Criminal Court (ICC) pre-trial chamber’s denial of former President Rodrigo Duterte’s interim release – a decision that cited Vice President Sara Duterte’s public remarks about breaking her father out of detention.
In a 23-page decision made public on Friday, Oct. 10, Judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera rejected both the initial and renewed requests for interim release, ordering the “continued detention” of the former president.
The chamber cited two instances in which the Vice President made statements about her father’s desire to return to Davao City and her suggestion of breaking him out of the ICC detention facility.
“More specifically, the Chamber notes that, on 19 July 2025 Mr. Duterte’s daughter mentioned in public speeches the idea of breaking Mr. Duterte out of the ICC Detention Centre, and attempted to delegitimise the Court’s proceedings against Mr. Duterte, citing collusion between the Court and the government of the Philippines as well as the use of ‘fake witnesses’,” the decision read.
“Furthermore, the Chamber notes that Mr. Duterte’s daughter allegedly indicated on 19 August 2025 that Mr. Duterte had told her that he wishes to return to Davao City, should he be granted interim release, in contradiction with the Defence’s assertion that he would remain in the State he would be released to.”
“The foregoing illustrates Mr. Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution,” it added.
The former president was last seen during an initial pre-trial hearing in March, two days after his extradition under an ICC warrant of arrest.
He was expected to face a confirmation of charges hearing on Sept. 23, but proceedings were suspended after the defense claimed he was unfit to stand trial.
The defense is also seeking the “indefinite adjournment” of all legal proceedings, citing cognitive deterioration and difficulty recalling events, dates, and even family members—claims that contradict the Vice President’s statements about her father’s recent comments on national issues, including the flood control corruption scandal.
Defense lead counsel Atty. Nicholas Kaufman confirmed that the appeal was filed a week ago, following the Sept. 26 decision.
“Were this a conventional domestic court—with more than one active first instance case in its docket—I believe that there would have been no hesitation to release an 80-year-old sick and weak man, kept from the public for more than half a year, and for whom unprecedented State guarantees had been provided,” Kaufman said.
“But this is a Court where civil society activist lawyers have free reign in the media to accuse the former President’s supporters of judicial trolling, to lambast Defence submissions and to file frivolous petitions to sanction counsel. We hope that the Appeals Chamber will reverse this decision,” he added.
The former president faces charges of crimes against humanity for the alleged state-sponsored killing of thousands of Filipinos during his war on drugs campaign. (Raymund Antonio)
