By Marjuice Destinado
Bulatlat.com

In a decision dated October 10, the Pre-Trial Chamber 1 of the ICC rejected Duterte’s plea for interim release, ordering his continued detention.

In this article, Bulatlat looks back on former president Rodrigo Duterte’s defense counsel Nicolas Kaufman’s claims regarding Duterte’s request for interim release. The reality: Kaufman misrepresented both the ICC Office of the Prosecutor (OTP) and the Philippine government, spreading disinformation that misled victims, media, and the public.

Claim 1: The ICC Office of the Prosecutor agreed to Duterte’s interim release.

On June 12, 2025, Kaufman filed a request with the International Criminal Court (ICC), claiming that the Office of the Prosecutor (OTP) had “confirmed its non-opposition” to Duterte’s interim release, provided that certain conditions were met.

This is false.

In a June 23 filing, ICC Deputy Prosecutor Mame Mandiaye Niang urged the Pre-Trial Chamber to deny the request. “No agreement whatsoever was reached with the Defense on conditions of interim release to any country other than (REDACTED). For absolute clarity: the Prosecution has not agreed in any way to conditions for interim release to (REDACTED), or anywhere else in the world,” read Niang’s filing.

The OTP cited Duterte’s history of resisting arrest, claims that his detention was a “political hit-job,” and involvement of his family in obstructive acts. It also highlighted his international contacts and financial resources, noting that he remains a flight risk and could intimidate witnesses if released. 

Claim 2: The Philippine government supports Duterte’s interim release.

On September 26, Kaufman filed another ICC notification claiming that Duterte’s interim release “is now contemplated without objection by the Government of the Republic of the Philippines.”

This is false.

Kaufman relied on a statement by Presidential Press Undersecretary Claire Castro, who said, “Kung ano po ang magiging desisyon ng ICC, tatanggapin naman po iyan ng pamahalaang Marcos Jr.” (Whatever the decision of the ICC will be, the Marcos government will accept it.)

Castro clarified that her words recognized the independence of the ICC, not support for Duterte’s release. Under ICC rules, the Philippine government is not a party to interim release proceedings because Duterte is seeking release to a third country, not the Philippines. Only the prospective host country is required to comment.

“Again with emphasis…we want to be clear that the Marcos Jr. administration is not privy and has no hand to the former President Duterte’s ongoing trial before ICC, particularly his request for interim release,” Castro said.

Human rights advocates groups, including the National Union of Peoples’ Lawyers (NUPL) and Center for International Law (CenterLaw), urged the ICC’s OTP and Office of Public Counsel for Victims to impose disciplinary sanctions on Kaufman for “engaging in disinformation.”

In a statement released on September 29, NUPL said Kaufman’s filings “obscure the truth of proceedings and the position of consequential parties like the Philippine government or the OTP,” warning that this “fosters distrust and doubt among victims of crimes against humanity” in the Philippines.

The Duterte Panagutin network, a campaign advocating justice and accountability for Duterte’s crimes against Filipinos, also criticized Kaufman’s actions. 

“Kaufman is deliberately obfuscating the facts surrounding the case of his client. His lies, unfortunately, won’t save Duterte from criminal liability,” Duterte Panagutin convenor Jojo Lacanilao said.

On Friday, October 10, the ICC rejected Duterte’s request for interim release, ruling that he remains a flight risk and could intimidate witnesses or commit further crimes if freed. (RVO)