The pre-trial chamber of the International Criminal Court (ICC) asked the Netherlands and another state—whose name has been redacted from the document—to submit its observations regarding the possibility of hosting former president Rodrigo Duterte under his interim release application.

In a five-page document dated June 18 but only made public on Sept. 23 on the ICC’s website, the Pre-Trial Chamber I (PTC I) took note of the defense’s request to “seek observations from the host state (the Netherlands), not just on transit through its territory but, also, on the possibility of accommodating Mr. Duterte on its territory for the partial or, potentially, the full term of his interim release if so ordered’, ‘without prejudice to Mr. Duterte’s principal request which is interim release to [REDACTED]’.”

PTC I Presiding Judge Iulia Antoanella Motoc, who signed the document, emphasized that seeking observations from the two states does not prejudge the interim release application.

“Lastly, the Chamber emphasises that the present order is issued for the purposes of considering all relevant submissions and observations prior to deciding on the Interim Release Request and, as a consequence, neither this order nor any observations received shall be construed as prejudging any matter to be determined in the context of that decision,” the document read.

However, there has been no update since then about the observations of both the Netherlands and the country that reportedly agreed to host the former president if he’s granted interim release.

The ICC’s pre-trial chamber noted that the country to which the former president seeks to be released to and the Netherlands must give information about its willingness and ability to receive Duterte, enforce one or more conditions restricting liberty that the chamber could impose, and facilitate the possibility of the former president traveling between the country of interim release and the Netherlands to attend the case’s hearings.

The PTC I is also seeking observations from the Netherlands of its willingness to allow Duterte to “temporarily” reside in the kingdom for the purpose of the proceedings in the case.

The former president’s legal defense team has two pending motions before the ICC’s Pre-Trial Chamber I: the jurisdiction challenge and the interim release application.

Duterte was supposed to face the pre-trial chamber on Sept. 23 for the confirmation of charges but this was indefinitely postponed after Duterte’s camp claimed that he was unfit to stand trial.