THE DEFENSE team of former President Rodrigo Duterte has formally petitioned the International Criminal Court (ICC) Pre-Trial Chamber I to reconsider his ongoing detention, citing a “serious deterioration” in both his physical and cognitive health.
The request, led by defense counsel Atty. Nicholas Kaufman, argues that it is no longer fair or lawful to keep the former president detained, given his current medical condition.
Medical findings and cognitive decline
According to the defense, medical experts have identified significant health issues, including physical weakness, unexplained weight loss, and cognitive impairments that reportedly affect the former president’s memory and decision-making capabilities.
Based on these findings, the defense argues that the primary justifications for detention—the risk of flight, witness intimidation, or the commission of further crimes—are no longer realistic.
The filing highlights that the former president has not appeared in court for approximately 10 months.
The defense expressed frustration over repeated requests for a public hearing, asserting that the judges must observe the accused in person to adequately assess his condition rather than relying solely on written documentation.
While medical opinions on the case vary, the defense emphasized that no expert has concluded that the former president is malingering or faking his symptoms.
The defense strongly criticized the prosecution for suggesting otherwise without providing proof.
Potential release to third-party state
The defense informed the Chamber that an unnamed ICC member state has expressed willingness to receive the former president if he is granted temporary release. This state has reportedly pledged to enforce strict monitoring and ensure total compliance with all court orders.
The defense concludes that legal uncertainty regarding the medical reports should be resolved in favor of the accused, as mandated by law, and is urging the Pre-Trial Chamber I to grant a temporary release as the case proceeds.
