ICC allows prosecutors access to items seized from Duterte, except keys

The International Criminal Court (ICC) has partly granted prosecutors’ request to examine materials obtained from former president Rodrigo Duterte following his arrest and transfer to The Hague, while rejecting a separate bid to gain access to all keys seized from him. In a decision made public on Friday, July 3, ICC Trial Chamber III ordered the Registry to provide prosecutors access to certain materials taken into custody after Duterte’s arrest, saying there were reasonable grounds to believe that examining them could produce evidence necessary for the investigation. The specific items covered by the order were redacted in the public version of the ruling. The prosecution had filed its second request for access to materials on June 9, seeking access to two categories of materials as well as “all keys” in the custody of the Registry. The chamber, however, denied the prosecution’s request involving the keys, ruling that prosecutors failed to establish their relevance to the case. According to the judges, the prosecution did not specify what the keys were for or explain how the items they could potentially unlock would produce evidence necessary for the proceedings. “The Chamber finds that the requested access to the Keys is neither necessary nor proportionate, and should therefore be rejected,” the ruling stated. Duterte’s defense team had opposed the request, arguing that some of the keys may belong to members of the former president’s family and that granting access could intrude on the privacy rights of third parties. The defense also noted that Duterte was traveling with family members at the time of his arrest and surrender to the court. Access request unopposed The defense, however, did not oppose the prosecutors’ request to access the two redacted categories of materials eventually approved by the chamber. The Registry likewise informed the court that it was prepared to transfer the requested items should the chamber authorize the move. Prosecutors also assured the court that any personal information obtained in the process would be treated as confidential and that the materials would be returned to the Registry after examination. Deadline for further requests The chamber also sided with the defense’s request to impose a deadline on additional requests for access to materials in the Registry’s custody. Judges ordered prosecutors to submit any further requests no later than June 30, noting that the prosecution itself had acknowledged delays in filing its latest request. The defense earlier argued that prolonged requests for additional materials could affect the preparation of the case and the expeditious conduct of proceedings. Duterte case Duterte is currently detained at the ICC Detention Centre in The Hague, the Netherlands, as he faces charges of crimes against humanity in connection with killings linked to his anti-drug campaign as mayor of Davao City and later as president. The ICC confirmed the charges against Duterte in April and scheduled the start of trial proceedings for Nov. 30, 2026. The chamber has also scheduled a status conference on Sept. 7, where judges earlier indicated they expect Duterte to personally appear unless prevented by medical reasons.