Nicholas Kaufman, counsel of former president Rodrigo Duterte until May 7, had asked the Trial Chamber III of the International Criminal Court to order the Registry to submit its observations based on video footage and documentation at the detention center.
This is to support his argument that circumstances have changed that merit reconsideration of Duterte’s request for interim release.
The ICC’s Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. Its responsibilities include protection and support of witnesses and victims, support to the defense, assistance to victims appearing before the Court, the ICC detention center, public information and security.
In a nine-page filing on May 4, the defense claimed that Duterte, who has been in detention at the Scheveningen prison since March 12, 2025., repeatedly “lost his balance and collapsed several times while in detention” On one occasion he was taken to a hospital, Kaufman claimed.
Duterte’s medical condition, Kaufman argued, constitutes a “change in circumstances” that should prompt the chamber to reassess the basis for his detention and his release to a country that expressed willingness to receive him.
“Due to his recent episodes of loss of balance, the Defence submits that there exists a prima facie change in circumstances that warrants reconsideration of the Article 58(1)(b) risk factors in the Rome Statute,” Kaufman said.
This is the last representation by Kaufman of Duterte, who terminated his services as counsel, May 7.
Kaufman’s submission was in compliance with the Trial Chamber’s May 1 order to submit any observation they have on Duterte’s detention. Under the rules of the Rome Statute, Duterte’s detention is subject to review every 120 days.
Deputy Prosecutor Mame Mandiaye Niang said there were no changes or new circumstances requiring the modification of the Pre-Trial Chamber’s decision for Duterte’s continued detention.
Niang cited a ruling by the Pre-Trial Chamber which stated that Duterte is a “flight risk” due to his wide network of supporters and political contacts, his family’s continued description of his arrest and detention as a “kidnapping,” and efforts by his family to delegitimize the proceedings, among others.
Lawyers representing the victims- Paolina Massidda, Joel Butuyan and Gilbert Andres -said the recent confirmation of charges against Duterte reinforces the need for his detention.
“Families of those who were killed during the so-called “War on Drugs” have waited more than a decade to see Mr Duterte held to account. Releasing him at this stage would undermine Victims’ confidence in the judicial process and would send an emboldening signal to his supporters, encouraging pressure and intimidation against Victims exercising their rights under the Statute, as well as those who have not yet come forward due to apprehension and fear,” they said.
Duterte is facing three counts of murder as crimes against humanity tied to his war on drugs campaign.
Trial Chamber III, headed by Presiding Judge Joanna Korner, has yet to decide on the defense’s request for the Registry’s observations. It has called for a First Status Conference among parties concerned on May 27 to decide, among other matters, the date of the trial; estimated number of witnesses to be called and number of hours of in-court testimony; use of expert witnesses; testimony given by audio or video link; estimated volume of documentary and other non-testimonial evidence to be relied upon at trial.
(Editor’s Note: This article’s lead was changed May 10 from “continued detention” to “request for interim release.”)