The Manila Times
MANILA, Philippines — Lawyers for former president Rodrigo Duterte told the International Criminal Court (ICC) that his health has significantly deteriorated in detention, citing repeated falls, memory lapses, and continuous video surveillance due to the risk of collapse. In a May 8, 2026 filing, the defense asked the Trial Chamber to direct the court’s Registry to submit video footage and related documentation from the ICC Detention Center, which they said would show Duterte repeatedly losing his balance. According to the filing, the 81-year-old former leader has “lost his balance and collapsed several times” since he was surrendered to ICC custody on March 12, 2025. On one occasion, Duterte was reportedly taken to a hospital for treatment. The defense also said the ICC Registrar extended Duterte’s health-related cell monitoring three times in recent weeks — on March 23, April 13 and April 22, 2026 — following recommendations from the detention center’s medical officer. The officer described Duterte as “an elderly detainee with an increased risk of falling due to his age and multiple chronic medical conditions.” Newly disclosed medical records, the lawyers argued, also suggested cognitive decline. A clinical note dated March 24, 2026 stated that Duterte “does not know today’s date and guesses July or September for the month,” adding that his “forgetfulness becomes apparent” during conversations. The defense maintained that the information constituted a “prima facie change in circumstances” that could justify reconsideration of Duterte’s continued detention under Article 58(1)(b) of the Rome Statute, which covers risks of flight, obstruction of proceedings, or continued commission of crimes. The lawyers clarified that they have not yet filed a formal motion for interim release. Instead, they requested that the Chamber order the Registry to submit observations based on surveillance footage and other detention records documenting Duterte’s falls. “The information sought is directly relevant to two risk factors purportedly emanating from Mr Duterte, namely, the alleged risk of flight and the perceived risk of the continued commission of the crime against humanity of murder or a related crime,” the filing stated. Duterte was surrendered to the ICC in connection with its investigation into the Philippines’ anti-drug campaign, during which thousands of suspected drug users and dealers were killed. He has remained detained at the ICC facility in The Hague since March 2025. The court’s Pre-Trial Chamber denied requests for interim release in September 2025, a decision later affirmed by the Appeals Chamber. On Feb. 27, 2026, the defense did not oppose Duterte’s continued detention pending resolution of the appeal proceedings. The Trial Chamber had ordered parties to submit observations on Duterte’s detention by May 8. The defense request is now before Judges Joanna Korner, Keebong Paek, and Nicolas Guillou.
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