Metro Manila, Philippines – The International Criminal Court (ICC) Appeals Chamber reaffirmed its decision to keep former President Rodrigo Duterte at The Hague Penitentiary Institution, denying his camp’s plea for interim release on Friday, Nov. 28.
“Having rejected the three grounds of appeal, the appeals chamber unanimously confirms the impugned decision,” the tribunal said in its decision that upheld the Pre-Trial Chamber I ruling
Duterte skipped the presentation of the ruling, opting to waive his right to attend.
The Pre-Trial Chamber I is waiting for the results of the medical examination of Duterte to be conducted by an independent three-member panel.
The chamber postponed the confirmation of charges hearing in September as the defense said Duterte was suffering from significant cognitive deficiencies.
Nicholas Kaufman, the lead defense counsel, said they will file another bid as they expected the ICC Appeals Chamber will not affirm the temporary release of a person charged with crimes against humanity.
“The Defence awaits the results of the medical evaluation of the former president due next month and will reintroduce its request to release a man who is 80 years old and, as a result of debilitating physical conditions and cognitive issues, is incapable of flight or, as alleged, threats to witnesses,” Kaufman said in a statement.
The decision
The appeal filed in October stated that the Pre-Trial Chamber I erred by “reliance on irrelevant considerations,” failing to “give appropriate weight to relevant facts,” and did not properly consider “humanitarian considerations” on Duterte’s end when it rejected his interim release plea.
In rejecting the first ground, the appeals chamber said it took into account the factor of “loyal” Duterte supporters and its impact on the leader’s inclination to interfere with the investigation.
Rejecting the second ground, the chamber said it also considered the possibility of the former leader as a flight risk. It also rejected the appeal on health grounds.
The defense said Duterte has “neither the desire nor capacity to flee or to return to a life of power or politics” and cited his “proven weak state of mental and physical health.”
The court rejected Duterte’s request for interim release filed in September, citing the leader’s opposition to his arrest, his family’s demands of return to the Philippines, and Vice President Sara Duterte’s remarks to spring her father from the ICC detention facility.
Reactions
The Duterte family said it accepts the ruling with “peaceful hearts.”
But Davao City Rep. Omar Duterte, a grandson of the former president, told supporters outside the ICC in The Hague that he was still shocked with the decision.
“This is almost borderline inhumane, keeping an 80 year old here, away from his family, away from the land he called home,” the younger Duterte said, adding that he hopes the Marcos administration feels “vindicated” by the decision.
In a statement, Malacañang said it respects the ruling.
The National Union of Peoples’ Lawyers (NUPL), counsel for victims of the “war on drugs,” welcomed the decision, adding this was “key for proceeding with the case efficiently.”
“Duterte in detention is crucial for victims and witnesses to feel safe coming forward,” the NUPL said. “By large, it is an assurance that he cannot simply intimidate persons, interfere with the evidence, or disrupt proceedings.”
What’s pending
The three-member panel has until Dec. 5 to file their assessment of Duterte’s fitness to stand trial with the Pre-Trial Chamber I.
Having been denied by the Pre-Trial Chamber I, Duterte’s counsel went with the Appeals Chamber to challenge the ICC jurisdiction over him with a separate 21-page appeal filed on Nov. 14.
The NUPL said drug war victims and advocates look forward to the rescheduling of the confirmation of charges hearing, which would determine if the case has sufficient evidence to go into a trial, in 2026.
The former president’s arrest on March 12 hogged headlines as he was immediately flown to the Netherlands to be detained at The Hague Penitentiary Institution.
He is facing charges for 49 counts of murder and attempted murder tied to his controversial anti-drug campaign enforced during his tenure as Davao City mayor to president.
Police reports stated that the drug war led to over 6,000 deaths but human rights groups said over 30,000 killings were recorded in Duterte’s drug war.
NewsWatch Plus multiplatform producer Jelo Ritzhie Mantaring contributed to this report.
