Lawyer Kaufman says Duterte illegally detained in The Hague

THE HAGUE – Lawyer Nicholas Kaufman said former President Rodrigo Duterte, is being “illegally detained” in The Hague Penitentiary Institution and that he should go home as soon as possible.

“Why not? That’s his country. That was where he was born. Why should he not go back?” Kaufman told reporters when asked about Vice President Sara Duterte’s statement that they are doing all the means to bring her father back to the Philippines before or after the May 2025 midterm elections. 

“As far as I'm concerned, he’s being illegally detained here, and he should go back to The Philippines as soon as possible.”

Former Executive Secretary Salvador Medialdea during Duterte's first hearing before the International Criminal Court said the former president was "kidnapped" by the authorities before being brought to The Hague to face charges before the tribunal.

Duterte is facing charges of crimes against humanity in connection with the killings under his administration's war on drugs.

Presiding Judge Iulia Motoc said, "There will be a full procedure that will unfurl leading up to the confirmation of charges that will enable Mr. Duterte to raise all the matters that you have just raised with regard to the warrant of arrest, with regard to the crimes committed, with regard to the charges and any other matters associated with his arrest and the matters of jurisdiction of the court."

The next hearing is scheduled on September 23.

Duterte attended the first hearing through a video link. He was at the detention facility while Medialdea was at the tribunal.

Philippine authorities have stood by the legality of the former president's arrest.

Kaufman arrived at the penitentiary on Thursday afternoon for his third visit to Duterte. 

Sara, who left the facility two hours before Kaufman arrived, told reporters she hoped to ask that Duterte be back in Davao.

“As a resident of Davao City, gusto kong idemand na–kasi boboto ako sa kanya at paniwala kong mananalo siya base sa surveys malayo siya sa kalaban niya. Gusto ko rin talaga idemand na nandun yung mayor namin, nagtatrabaho para sa siyudad.”

Kaufman told reporters that the list of counsels forming Duterte’s defense team would be out by Friday. He also anticipates that “there will be Filipinos” in the team. 

“I’m afraid [you] just have to wait and find out. Lots of suspense, but be patient. I expect that by the end of the week, we'll have some names." 

“I’m always working with Filipinos, and I anticipate that there will be Filipinos in due course as well. I’m here to constitute primarily the international side of the team of former president Duterte.”

Duterte’s counsel also said there’s no need to tap the service of the ICC’s Office of Public Counsel for the Defence (OPCD).

“Even if this was a legally aided case or a privately funded case, there’s no need for the OPCD. They're a very important unit at this court, but they provide logistic assistance, administrative assistance, but they don't provide substantive assistance to any team at the court, whether it be legally aided or privately funded.” –NB, GMA Integrated News