Photo courtesy: Kahimyang Project
THE International Criminal Court (ICC) Pre-Trial Chamber I has denied a request from former Philippine President Rodrigo Duterte for an independent expert report assessing his risk factors under the Rome Statute.
In a 5-page decision dated January 7, the chamber clarified that the panel of experts, from whom Duterte’s legal team sought the report, was specifically appointed to provide an independent assessment of Duterte’s fitness for trial. The chamber stated that the panel had already fulfilled its mandate with the submission of its reports, which are accessible to the defense and can be referenced in their observations regarding the review of Duterte’s detention.
“In these circumstances, the Chamber sees no reason to order the Panel to prepare any additional report that exceeds its mandate,” the decision stated. The request was made after Duterte’s camp asked the panel to prepare a report, based on existing medical findings, regarding Duterte’s capacity to actualize the risk factors outlined in Article 58(1)(b) of the Rome Statute.
The ICC Pre-Trial Chamber I previously denied Duterte’s request for interim release, determining that his continued detention was necessary under Article 58(1) of the Statute. The Pre-Trial Chamber further noted that the legal determination of whether the risks continue to exist should be made by the chamber itself.
“Considering that the observations of the parties and participants regarding the periodical review of the detention of Mr Duterte will be submitted by 9 January 2026, the Chamber finds that any additional expert report is neither appropriate nor necessary for its adjudication,” the decision read.
In March of last year, the former Philippine leader was arrested at the Ninoy Aquino International Airport Terminal 3 for alleged crimes against humanity and is currently detained at The Hague, Netherlands.
Government records indicate that at least 6,200 drug suspects were killed in police operations from June 2016 to November 2021. However, numerous human rights groups dispute this figure, claiming that the actual number may be as high as 30,000 due to unreported related killings.
