The Hague, Netherlands – Former Philippine President Rodrigo Duterte has appealed his continued detention by the International Criminal Court (ICC), arguing that the judges based their decision on “hypothetical and non-specific risks” and “uncorroborated reports,” according to a filing by his defense team before the ICC Appeals Chamber.
In a 22-page redacted Appeal Brief on Interim Release submitted on Oct. 28, Duterte’s lawyer, Nicholas Kaufman, alleged that the ICC Pre-Trial Chamber committed multiple legal and factual errors when it denied the former president’s request for conditional release last month. The appeal argues that the Pre-Trial Chamber’s assessment of risk “was guided by possibility alone,” relying on speculation and “open-source media articles from a known anti-Duterte outlet” and statements from biased non-government organizations instead of concrete evidence.
Kaufman asserts that the chamber’s conclusion that Duterte or his associates might obstruct justice or influence witnesses was unsupported by facts, stating that the judges “allowed speculation to supplant reason.” The defense also contends that the ICC panel gave undue weight to Duterte’s political connections and public support, including references to his daughter, Vice President Sara Duterte, without demonstrating how such ties could realistically help him evade trial.
Furthermore, the appeal faults the Pre-Trial Chamber for disregarding medical findings showing that Duterte, now 80, suffers from cognitive impairments, disorientation, and recurring hospitalizations while in ICC custody. The defense argues that his declining condition “negates the risks” cited by the judges and should have been treated as a humanitarian ground for release. Duterte’s lawyers accuse the chamber of “summarily dismissing” stringent release conditions and state guarantees offered by a cooperating country willing to host him under surveillance. They maintain that the court’s reasoning “renders interim release at the International Criminal Court illusory.”
The defense has asked the Appeals Chamber to reverse the September 26 decision and order Duterte’s “immediate interim release” under the proposed terms. Duterte was surrendered to ICC custody on March 12, 2025, for alleged crimes against humanity in connection with thousands of deaths during his administration’s anti-drug campaign. He remains under medical supervision at the ICC Detention Centre in The Hague.
