THE International Criminal Court (ICC) Pre-Trial Chamber I has denied former President Rodrigo Roa Duterte’s request for interim release.
In a decision issued on October 10, 2025, the Chamber said Duterte must remain in detention to ensure his appearance at trial, protect the investigation, and prevent further crimes.
Duterte was turned over to ICC custody on March 12, 2025, following the Court’s issuance of a warrant of arrest for alleged crimes against humanity-specifically murder-linked to the Philippine drug war and earlier operations in Davao City.
Health claims dismissed
Defense lawyers argued that Duterte’s age and health justified supervised release. But the Chamber said the documents submitted did not show how his condition negates the risks.
It stressed that the defense’s claims were speculative and lacked expert backing.
‘The issue of fitness to stand trial is factually and legally distinct from the question of interim release,’ the Chamber wrote.
It added that Duterte has access to medical care in detention, including psychiatric services and round-the-clock nursing.
The chamber warned that Duterte could resume the conduct for which he is being prosecuted.
‘There exists a risk that, should he be released, Mr. Duterte [would] continue committing the crimes charged against him or related crimes within the Court’s jurisdiction,’ the decision stated.
This risk remains even if Duterte is relocated outside the Philippines.
The chamber cited his son’s current position of power in one of the crime locations, saying this influence could still enable obstruction.
Return to Davao raises alarm
In May 2025, Duterte was re-elected Mayor of Davao City. His son was elected vice mayor.
The Chamber recalled Duterte’s 2024 pledge to ‘double the killings’ if returned to office, warning that his reinstatement ‘would place him in the very
context that enabled the commission of the crimes for which his arrest and surrender to the Court was initially sought.’
The Chamber also flagged Duterte’s political network, including Vice President Sara Duterte.
‘He appears to have the necessary political contacts, as well as to benefit from a network of support within that country, including his daughter,’ the judges wrote.
This network, they said, could help him abscond.
The ruling cited Duterte’s alleged involvement in briefing a witness set to testify before the Philippine Senate’s inquiry into the Davao Death Squad. It also noted threats and retaliatory actions against critics.
These, the Chamber said, ‘indicate Mr. Duterte’s propensity to interfere with investigations against him.’
Final ruling
‘The Chamber finds that, at present, the detention of Mr. Duterte is required so as to ensure his appearance in these proceedings, that he does not obstruct or endanger the investigation or the Court’s proceedings, and to prevent the commission of related crimes within the jurisdiction of the Court.’
Pretrial proceedings continue.