MANILA, Philippines — Trial Chamber III of the International Criminal Court (ICC) has granted a request by former president Rodrigo Duterte to modify existing restrictions on his communications while in detention, allowing him to resume contact with a person whose identity remains redacted in public court documents.
In a decision dated June 11, 2026, the chamber ordered the ICC Registry to add the individual to Duterte's list of non-privileged contacts while maintaining the broader contact restrictions previously imposed on the former president.
The ruling came after Duterte's defense team filed a request on May 29 seeking a variation of the restrictions to permit contact with the individual, subject to active monitoring and existing safeguards ordered by the court.
The prosecution did not oppose the request, provided that the current contact restrictions regime remained in effect. The ICC Registry likewise reported no concerns regarding the proposed change and said it had the capacity to continue monitoring communications if the request was granted.
The court also noted that the Victims and Witnesses Unit conducted an independent assessment and found no reason to object to the defense request as long as the existing restrictions remained in place.
In its decision, the chamber recalled that detained persons have the right to communicate with family members and other individuals, receive correspondence, and accept visits under the court's regulations.
Judges further referenced this right to privacy and family life in a manner that suggests—but does not confirm—that the individual involved may be a family member or someone with a close personal relationship to Duterte. However, the ruling does not explicitly identify the person, and any conclusion beyond the redacted record would be speculative.
However, the chamber stressed that such rights were not absolute and may be restricted when communications could affect ongoing proceedings or pose risks to the rights, safety, or freedoms of other persons.
The judges said that any limitations imposed on a detainee's communications must be justified, proportionate, and carefully balanced against the individual's rights.
In granting the request, the chamber noted that no violations of Duterte's contact restrictions had been reported since a previously redacted date. It also took into account the absence of objections from the prosecution, the lack of concerns identified by the Victims and Witnesses Unit, and the Registry's ability to enforce monitoring measures.
Based on those circumstances, the chamber found that the existing prohibition on calls and visits between Duterte and the redacted individual no longer appeared necessary.
While approving the modification, the judges ruled that the broader restrictions governing Duterte's communications should remain in force, saying the circumstances that justified them had not changed since a previous decision issued on April 23, 2026.
The chamber ordered the Registry to immediately report any violations of the restrictions or other relevant developments and directed both the Registry and the parties to submit public redacted versions of their filings by June 18.
