The legal team of former Philippine President Rodrigo Duterte has filed a new motion before the International Criminal Court (ICC), seeking his interim release amid ongoing questions about his fitness to stand trial.
In a submission to the ICC’s Pre-Trial Chamber 1 dated September 16, 2025, Duterte’s camp requested an additional condition for his provisional release, stressing that delays in resolving the issue of his mental and physical state should not justify continued detention.
Defense lawyer Nicholas Kaufman reiterated his earlier claim that Duterte suffers from memory lapses, saying the former president struggles to recall basic details such as events, locations, and even close family members. Kaufman argued that keeping Duterte in detention while proceedings on his fitness could take considerable time violates his client’s rights.
The ICC had earlier postponed Duterte’s confirmation of charges hearing, which was initially set for September 23, after his lawyers insisted he was not fit to participate. Duterte remains detained at the Hague Penitentiary Institution, also known as Scheveningen Prison, where he faces charges of crimes against humanity linked to thousands of killings under his administration’s anti-drug campaign.
In their filing, Duterte’s lawyers maintained that interim release would not disrupt ongoing proceedings, but instead strike a balance between respecting a suspect’s rights and ensuring the integrity of the trial. The defense also disclosed that it had submitted 30 items of evidence to the ICC prosecutor and the Office of Public Counsel for Victims earlier this month.
Meanwhile, Vice President Sara Duterte recently said she spoke with her father by phone, assuring the public that he was “okay” despite his detention.
The ICC prosecutor has so far presented 12 batches of evidence, with more than 300 victims of the drug war applying to participate in the case.
