ICC prosecutors seek access to materials seized from Duterte; lawyers reject bid for keys
At A Glance
- ICC prosecutors are seeking access to materials seized from former president Rodrigo Duterte upon his arrest and transfer to The Hague.
- Duterte's lawyers agreed to some requests but opposed prosecutors' bid to inspect "all keys" in ICC custody.
- The defense described the request for the keys as a "fishing expedition" that could violate privacy rights.
International Criminal Court (ICC) prosecutors are seeking access to materials seized from former president Rodrigo Duterte following his arrest and transfer to The Hague, but his lawyers have objected to part of the request, particularly a bid to inspect all keys currently in the custody of the court.
In filings before ICC Trial Chamber III, the Office of the Prosecutor requested authority to examine certain materials obtained by the ICC Registry when Duterte was arrested and surrendered to the court in March 2025.
Duterte's defense team, led by British lawyer Peter Haynes, said it would not oppose prosecutors gaining access to several specified items identified in the request, although details of these materials remain redacted in the public versions of the documents.
However, the defense strongly opposed the prosecution's request for access to "all keys" in the Registry's custody.
"The request is, in substance, a fishing expedition," Duterte's lawyers said in their filing.
The defense argued that prosecutors had failed to establish any connection between the keys and the alleged crimes against humanity charges faced by Duterte or any assets relevant to the investigation.
According to Duterte's lawyers, prosecutors themselves admitted they did not know what the keys opened or whether they had any relevance to the case.
The defense further argued that some of the keys may not even belong to Duterte because they were seized while he was traveling with members of his family during his arrest and transfer to ICC custody.
"Access to the keys cannot be regarded as necessary or proportionate," the defense said, citing possible privacy implications for Duterte's relatives and third parties.
Registry confirms seized items
Separate filings by the ICC Registry confirmed that several items obtained upon Duterte's admission to the ICC Detention Centre remain under court custody, including money and keys, although the exact number and description of the items remain redacted in public documents.
The Registry said an inventory of Duterte's belongings was prepared upon his arrival at the detention facility in accordance with ICC regulations.
Some of the items were retained by Duterte as personal belongings, while others remained under the custody of ICC officials pending court action on the prosecution's requests.
‘Request came too late’
In an earlier filing, Duterte's lawyers also argued that prosecutors waited too long before seeking access to the seized materials.
The defense noted that prosecutors had been aware of the existence of the materials since March 2025 but only formally sought access in May 2026, after the confirmation of charges proceedings had already concluded.
"Ordinarily, it would be obliged to investigate such allegedly highly relevant material by the time of the confirmation hearing," the defense said.
The lawyers likewise questioned whether prosecutors could complete disclosure obligations within the timetable previously set by the court if extensive examination of the seized materials were allowed at this stage of the proceedings.
Duterte faces charges of crimes against humanity for murder in connection with killings linked to his anti-drug campaign as Davao City mayor and later as president between Nov. 1, 2011, and March 16, 2019.
Trial Chamber III earlier set Nov. 30, 2026, as the tentative start date of the trial, subject to the completion of pre-trial proceedings and the resolution of pending issues before the court.
The chamber has also scheduled additional status conferences on July 14, Sept. 7, Oct. 13, and Nov. 2 as preparations for the trial continue.