The legal battle surrounding former President Rodrigo Duterte’s case before the International Criminal Court (ICC) intensified after his defense team asked judges to reject prosecutors’ latest requests to inspect materials seized during his arrest, arguing that investigators are attempting to expand their evidence-gathering long after charges had already been confirmed.
In filings submitted to ICC Trial Chamber III on June 26, Duterte’s lead counsel, Peter Haynes, urged the court to deny what the defense described as belated investigative requests, warning that allowing additional examinations could delay the proceedings and undermine the court’s case timetable.
Defense challenges new evidence requests
The dispute centers on materials currently held by the ICC Registry following Duterte’s arrest in March 2025.
According to the defense, prosecutors had been aware of the existence of these items for more than a year but only sought access after the confirmation of charges—a move Haynes argued departs from normal ICC practice.
The defense maintained that requests to inspect seized property are typically made shortly after a suspect is taken into custody, not at a much later stage of the proceedings.
Haynes also argued that reopening investigative efforts could jeopardize the prosecution’s own deadline to complete evidence disclosure by September 30, 2026.
Prosecutors seek access to additional materials
In a separate filing, the defense opposed another prosecution request seeking access to specific redacted materials and all keys currently in the Registry’s custody.
While Duterte’s lawyers said they would not object to prosecutors reviewing certain redacted items, they urged judges to reject the request involving the keys.
The defense argued that prosecutors had failed to demonstrate how the keys were relevant to the charges and accused them of attempting to search for potential evidence without first establishing a legal basis.
Haynes further raised privacy concerns, saying the keys may provide access to property or information belonging to Duterte’s relatives, who were traveling with him at the time of his arrest.
Push for firm court deadline
To prevent further delays, Duterte’s legal team asked Trial Chamber III to impose a June 30 deadline for any additional prosecution requests involving Registry-held materials.
The defense argued that setting a firm cutoff would allow both parties to prepare for trial without repeated litigation over newly requested evidence.
Court previously granted limited prosecution requests
The latest dispute stems from a series of motions filed since May.
Prosecutors initially sought a complete inventory of Duterte’s seized belongings, access to Registry-held materials, and the freezing of any money recovered during his arrest.
In a May 28 ruling, the ICC granted the request to freeze the seized funds and directed the Registry to prepare an official inventory.
However, judges stopped short of granting prosecutors unrestricted access to all seized items, ruling that any request to inspect specific materials must first be individually justified before the court.
That ruling prompted prosecutors to file a more narrowly tailored motion on June 9, seeking access to selected materials and the keys now being contested by the defense.
The court has yet to rule on Duterte’s latest objections, with its decision expected to determine whether prosecutors will be allowed to broaden their examination of evidence as preparations for trial continue.