THE HAGUE, Netherlands — The prosecution panel in the trial of former president Rodrigo 'Rody' Duterte (FPRRD) for crimes against humanity filed before the International Criminal Court (ICC) has yet to oppose the ex-Philippine chief executive's request for his interim release.

In a report, Duterte's legal counsels is said to have filed a motion seeking his temporary release with his legal team arguing that the conditions for his continued detention no longer apply and that he poses no flight risk, threat to witnesses or danger to the integrity of the case.

In the public redacted version of an urgent motion submitted to the ICC Pre-Trial Chamber I dated on June 12, Duterte’s defense team claimed that the respondent does not meet the legal thresholds under Article 58(1)(b) of the Rome Statute and therefore, should be released from ICC custody while awaiting the confirmation of charges hearing scheduled on September 23 the current year.

“No real or concrete risk exists under Article 58(1)(b)(iii) that would justify Mr. Duterte’s continued pre-trial detention,” the 16-page motion read, emphasizing on Duterte’s advanced age, medical condition and likewise his lack of political power since he stepped down from the presidency since 2022.

“He (Duterte) does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody,” the formal request spelled out.

Duterte’s legal counsels disclosed that the ICC Office of the Prosecutor has expressed no objection to the former president’s interim release, provided it is to a cooperating state that agrees to a set of strict conditions.

The name of the cooperating state was redacted in the publicly released version of the filing, but the defense stated that the state has declared its willingness to host Duterte “subject to the imposition of conditions deemed necessary by the Chamber.”

“Chambers at the ICC and ad hoc tribunals have been minded to grant interim release where the prosecutor does not oppose the request, or where state guarantees are presented in support of the application,” the defense lawyers enthused while pointing out that the 80-year-old Davao strongman's age and retirement from public life indicates he has no capacity to influence witnesses, flee the jurisdiction or obstruct justice.

As a stipulation for his release, Duterte reportedly committed that he will stay within the host country and refrain from all public communications, including the Internet or mobile devices, if he is released.

In addition, Duterte’s legal team also raised humanitarian considerations, citing the respondent’s 'declining health', although specific details were redacted in the public document.

The team referenced precedents from both the ICC and international ad hoc tribunals where elderly or ailing detainees were provisionally released pending trial.