Duterte still detained at the ICC, not bound for Malaysia

The former president’s team has asked the ICC for temporary release, but there is no ruling yet on this petition

Claim: Former Philippine president Rodrigo Duterte, currently detained at the International Criminal Court (ICC) detention center in The Hague, Netherlands, is set to be released and transported to Kuala Lumpur, Malaysia.

Rating: FALSE

Why we fact-checked this: The TikTok video containing the claim has 26,300 views, 1,438 likes, 51 shares, and 158 comments as of writing.

Text in the video states: “Sa lahat ng OFW sa The Hague, maraming maraming salamat sa araw-araw na suporta sa ating pinakamamahal na si FPRRD (Former President Rodrigo Roa Duterte) — alam ko, malungkot kayo pero masaya rin, coz in just a few weeks from now, FPRRD would be en route to Kuala Lumpur.”

(To all OFWs in The Hague, thank you so much for your daily support for our beloved FPRRD — I know you’re sad but also happy because in just a few weeks, he’ll be heading to Kuala Lumpur.)

Convinced by the TikTok post, some Filipinos expressed happiness at Duterte’s alleged impending release.

One comment read, “Kaya pala sa Malaysia nagpunta si VP Sara! Yes, makikita na natin ulit si Tatay Digong!!! Sana payagan na makunan photos.”

(So that’s why VP Sara went to Malaysia! Yes, we’ll finally see Father Digong again! I hope they’ll allow people to take photos.)

The facts: Duterte remains detained at the ICC, and there have been no confirmed reports or announcements regarding his supposed release and transfer to Malaysia. While the former president has asked the ICC for temporary release, there is no ruling yet on this petition.

On June 12, Duterte’s defense team, led by international lawyer Nicholas Kaufman, filed a formal request for interim release, citing humanitarian grounds, Duterte’s age, and claims that he poses no flight risk or threat of obstruction. The public version of the petition redacts the name of the country that allegedly agreed to host Duterte, only referring to this state as having given “advance and principled agreement.”

Additionally, there are no official announcements from Malaysian government officials, agencies, or diplomatic entities confirming any agreement or involvement related to Duterte’s supposed transfer.

Duterte was arrested in March 2025, facing charges of crimes against humanity over his bloody war on drugs. His confirmation of charges hearing is set for September 23.

‘Unlikely to be granted’: An accused may file for an interim release with the ICC chambers, based on the Rome Statute. ICC judges will not approve the request if they determine that an accused has the following risks:

• risk of an escape
• risk of obstructing or endangering the investigation
• risk of him recommitting the crimes he is accused of

So far, the international court has not granted interim release to suspects of crimes against humanity.

According to ICC-accredited lawyer Joel Butuyan, Duterte is unlikely to be granted interim release due to being a flight risk, the potential for witness intimidation, and the absence of “extreme necessity.” (READ: [The Slingshot] Is Duterte a flight risk?)

Human rights advocates have raised concerns over a potential interim release, saying that the Duterte family may use the release to sway public opinion, delay justice, and intensify threats against victims’ families, who remain “forever shackled in anger, grief, and agony.” – Marjuice Destinado/Rappler.com

Marjuice Destinado is a junior political science student at Cebu Normal University (CNU). An Aries Rufo Journalism Fellow of Rappler for 2025, she serves as the feature editor of Ang Suga, CNU’s official student publication.

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