ICC prosecution says Duterte's detention 'necessary;' defense to seek review

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The International Criminal Court’s (ICC) Office of the Prosecutor is asking the Trial Chamber III to order the continued detention of former President Rodrigo Duterte, noting that it is “necessary” so he would not “interfere with witnesses.”

Acting Prosecutor Mame Mandiaye Niang said “there has been no change” in Duterte’s circumstances that would prompt the Trial Chamber III to revise its previous order on the former president’s detention.

“To the contrary,” Niang noted in an observation filed on September 14, “there have been changes in circumstances that have increased the risk Mr. Duterte presents under articles 58(1)(b)(i) and (ii) of the Statute.”

Niang was referring to the Rome Statute’s article on issuing a warrant of arrest, ensuring the appearance at a trial of a person facing charges, and that such person “does not obstruct or endanger the investigation or the court proceedings.”

Aside from a definitive trial date, Niang cited a redacted point, both of which he said “increase the likelihood of Mr Duterte facing trial and therefore increase the risk that he may abscond.”

Prosecution: Witnesses’ names disclosed to Duterte

“The Prosecution has also added ‘eight additional incidents’ to Mr Duterte’s charges since the date of the Decision,” Niang said, referring to the Trial Chamber's May 22, 2026 decision reviewing Duterte's detention. The prosecution cited its still-confidential pre-trial brief as the basis for the eight additional documents.

“The number of incidents and victims, and therefore the prospect of a lengthy prison sentence, have increased, which militates in favour of Mr Duterte’s continued detention.”

Niang also pointed out that the List of Witnesses that the Prosecution provided to Duterte on August 31, 2026 includes the “names of the Prosecution’s witnesses, as well as their expected testimony.”

“The question of the risks to witnesses ‘revolves around the possibility, not the inevitability, of a ‘future occurrence’. Mr Duterte’s history shows that he is able and has the means, either directly or through his associates, to interfere with [REDACTED].”

With these submissions, Niang argued, “Mr Duterte’s continued detention is necessary to ensure he does not interfere with witnesses.”

Defense: Fitness ruling should come first

Duterte’s lawyers, meanwhile, told the court that the question of his continued detention is linked to the still-pending determination of his fitness to stand trial.

“The questions of fitness and detention are necessarily linked,” Peter Haynes, Duterte’s defense counsel, said in an observation published on September 14.

In the filing, the defense said it had earlier informed the Chamber that it did not intend to submit observations on detention at that stage because it expected to return to the issue after the fitness question has been resolved.

“Following an order on 15 July 2026 from the Trial Chamber to submit observations pursuant to Rule 118(2),1 the Defence informed the Chamber, parties and participants on 4 September 2024 that ‘it does not intend to submit observations at this time’, but that it anticipated coming back as required after the question of the accused’s fitness to stand trial had been settled,” the statement read.

The defense raised concerns over Duterte’s fitness in May and requested that he undergo a medical examination.

Both sides have since made submissions on the experts’ reports, with the Prosecution asking Trial Chamber III to find Duterte fit to stand trial. The chamber’s decision is pending.

The Defense argued that if Duterte were found unfit to stand trial and the proceedings were consequently adjourned, then “this would be relevant to the assessment of whether there has been a material change in circumstances.”

The Defense said it intends to exercise Duterte’s right under Rule 118(2) to seek a review of the detention once the Trial Chamber has ruled on his fitness to stand trial, “if the circumstances merit it.”

The prosecution and defense filings were submitted as Trial Chamber III prepares for its latest review of Duterte’s detention, which is expected to be discussed at the third status conference on September 16, 2026. — BAP, GMA News