THE defense team of former president Rodrigo Duterte has opposed a request by International Criminal Court (ICC) prosecutors to access personal items seized after his arrest, accusing the prosecution of pursuing a “fishing expedition” and warning that the move could infringe on the privacy rights of his family members.
In a filing dated June 26, 2026, before Trial Chamber III, lead defense counsel Peter Haynes argued that the prosecution’s request to examine materials held by the ICC Registry, including “all keys in the Registry’s custody,” came “far too late” in the proceedings and lacked a clear link to the charges against Duterte.
“The request is, in substance, a fishing expedition,” the defense said, arguing that prosecutors should not be allowed to inspect the items first in order to later establish a possible evidentiary basis for examining them.
The dispute involves personal belongings taken from Duterte following his arrest in Manila on March 12, 2025, and his transfer to the ICC detention facility in The Hague.
The ICC Registry has confirmed that it is holding several items from Duterte’s personal inventory, including money, keys, and other materials that were documented upon his admission to the court.
The Registry said the items were recorded under its detention regulations and remained under its custody. A public redacted filing dated June 25 showed that an inventory was prepared after Duterte’s arrival, while other personal belongings were retained by the former president.
Privacy concerns
The defense specifically objected to the prosecution’s request for access to all keys in the Registry’s possession, arguing that investigators had not shown how the items were connected to the alleged crimes against humanity case.
Haynes said the keys were seized while Duterte was traveling with family members and could potentially provide access to personal property belonging to or involving his relatives.
“It is entirely possible that the keys provide access to material belonging to, or concerning, his relatives, such that their examination would intrude upon the privacy rights of third parties,” the defense argued.
The lawyers maintained that without a clearly identified investigative purpose that outweighs the privacy interests of Duterte and his family, allowing access to the keys would not be necessary or proportionate.
Timing questioned
The defense also criticized prosecutors for seeking access to the materials more than a year after Duterte entered ICC custody, pointing out that the prosecution had been aware of the seized items since March 14, 2025, when the Registry submitted its initial report following the arrest.
“Such requests are usually made within days of the arrival of the suspect in custody, or at the earliest opportunity,” Haynes said.
The prosecution’s request, filed on June 9, 2026, sought access to several materials listed in the Registry’s inventory.
The request followed an earlier May 1 motion asking the court to provide access to seized materials, prepare an inventory, and freeze any money found among Duterte’s belongings.
On May 28, Trial Chamber III partially granted the prosecution’s request by ordering the freezing of seized money and directing the Registry to prepare an inventory.
However, the chamber found that a wider request to inspect all seized materials was premature.
Registry ready to release items
The ICC Registry said it was prepared to comply with any order from Trial Chamber III.
If the chamber approves the prosecution’s request, the Registry said the seized materials would be transferred from the Detention Section to the Court Management Section, secured in the Registry vault, and made available to the prosecution for consultation or as otherwise directed by the chamber.
The Registry’s submission was filed confidentially and ex parte, meaning it was accessible only to the prosecution, defense and Registry. A public redacted version was later released to protect sensitive information.
Defense seeks deadline
The defense asked Trial Chamber III to impose a June 30 deadline for any further prosecution requests involving materials held by the Registry, arguing that continued requests could delay preparations for Duterte’s trial.
Haynes said a cutoff was necessary to preserve the “expeditiousness of the proceedings” and allow the defense sufficient time to prepare its strategy before trial.
The case against Duterte stems from allegations of crimes against humanity linked to killings during his administration’s anti-drug campaign and his earlier tenure as mayor of Davao City.
Duterte’s trial is scheduled to begin on Nov. 30, 2026, before Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou.
