Duterte’s children factored in ICC decision to keep him detained
MANILA, Philippines — Remarks by Vice President Sara Duterte and the political role of her brother, Davao City Vice Mayor Sebastian Duterte, were among the reasons cited by the International Criminal Court (ICC) in denying former president Rodrigo Duterte’s request for temporary release from detention.
In a 23-page ruling made public Friday, October 11, the ICC Pre-Trial Chamber I said Duterte remains a flight risk, a potential threat to witnesses, and at risk of committing the same crimes for which he is charged if freed.
While those are some the main reasons cited, the court also found that his children’s public statements and positions of authority reinforced those risks, explaining that his continued detention is required to ensure his appearance at proceedings.
The ICC ruling cited public remarks by Sara, who told supporters in July that she would break her father of detention and accused the ICC of relying on fake witnesses.
The court said these statements, as well as her later claim that her father wished to return to Davao City if released, contradicted the defense’s assertion that Duterte would remain in the host country designated by the court.
“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,” the judges wrote.
The ruling also pointed to Duterte’s enduring political influence, which remains strong through his family’s high-ranking positions. The court noted Baste's current role as acting mayor of Davao City, one of the sites of alleged extrajudicial killings. His influence amplifies the risk that the elder Duterte could use local networks to evade justice, the court said.
"Considering Mr. Duterte’s son’s position of power in the Philippines at one of the locations of the crimes alleged," the chamber said, "this risk continues to exist even if Mr. Duterte would be released to a location outside the geographic scope of the alleged crimes."
Heath arguments rebuffed. The decision, dated September 26, rebuffed defense arguments that Duterte’s age and medical condition justified interim release.
His lawyers submitted medical reports claiming cognitive decline and frailty, but the ICC said the documents failed to show that his health eliminates the risks of flight or obstruction.
The chamber also rejected 16 proposed conditions for release — including electronic monitoring, restricted movement and communication limits — finding them insufficient given the risks cited.
Judges noted that the unnamed country offering to host Duterte lacked the infrastructure to enforce electronic tracking, which even the defense described as "essential."
Next in the case. The denial marks a significant setback for the Duterte family’s efforts to bring the former president home as he awaits trial for alleged crimes against humanity related to thousands of drug war killings.
Victims' families and their lawyers had opposed his release, saying he still commands the political machinery to intimidate witnesses and influence proceedings.
The confirmation of charges hearing, originally scheduled for September 23, has been postponed as independent medical experts assess Duterte’s fitness to stand trial — a separate matter from his eligibility for release.
For now, the court ruled, detention remains necessary. — Camille Diola with reports from Cristina Chi
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