FORMER president Rodrigo Duterte’s bid for release from detention was rejected Friday, as the International Criminal Court (ICC) Appeals Chamber upheld the denial of his request for interim release.
Duterte, currently held in The Hague, Netherlands, chose not to attend the judgment reading, delegating the task to his legal team.
The ICC Pre-Trial Chamber I had previously denied Duterte’s request, citing the necessity of his continued detention. Duterte’s legal team argued that the chamber erred in assessing the risk he posed, rejecting state guarantees, and failing to consider humanitarian factors.
Despite the denial, ICC Assistant to Counsel Atty. Kristina Conti told GMA News Online that Duterte’s lawyers may file another request for interim release, citing different grounds or circumstances. However, she emphasized that the Appeals Chamber’s decision is final and cannot be further appealed. Conti also clarified that the decision will not affect the main case regarding whether the trial can proceed.
The ICC Prosecutor has charged Duterte with 49 incidents of murder and attempted murder allegedly committed during his time as mayor of Davao City and as President of the Philippines.
Meanwhile, the ICC Pre-Trial Chamber I has ordered a medical examination for Duterte to determine his fitness to stand trial, following a request from his camp for an indefinite adjournment of all legal proceedings due to concerns about his cognitive abilities. The deadline for submitting the medical reports is December 5, with parties having until December 12 to comment on the reports. The ICC will then decide on whether to grant or deny the request for indefinite adjournment. Conti stated that the ICC prosecution is prepared to proceed with the trial stage.
Conti also appealed to the public for sympathy and understanding on behalf of the families of drug war victims, noting the hurtful comments they received after posting about having a watch party for the ICC ruling. She urged the public to show compassion for those who lost loved ones.
The ICC has emphasized that its defendants are presumed innocent unless proven guilty beyond a reasonable doubt, and that there must be a strong justification to hold defendants in ICC custody. The judges assess factors such as the risk of the defendant not appearing, creating obstacles for investigations, posing a threat to witnesses or victims, or committing alleged crimes under the ICC’s jurisdiction.
