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ICC appeals chamber rejects Duterte detention appeal

Metro Manila, Philippines – The International Criminal Court Appeals Chamber has rejected the appeal of former President Rodrigo Duterte that sought to overturn a ruling that kept him in detention, affirming the earlier decision of the Pre-Trial Chamber I.

In a judgment dated March 6, the Appeals Chamber confirmed the lower court’s January 26 ruling that reviewed Duterte’s continued detention pending judicial proceedings.

“The Appeals Chamber confirms Pre-Trial Chamber I’s ‘Decision on the review of Mr Rodrigo Roa Duterte’s detention’ of 26 January 2026,” the ruling stated.

Duterte’s defense had argued that the pre-trial chamber committed errors when it refused to rely on a medical report submitted by the defense and concluded that there were no new or changed circumstances that would justify his release from custody.

But the Appeals Chamber upheld the decision and agreed that the defense failed to demonstrate circumstances that would warrant modifying Duterte’s detention order.

Judges also upheld the decision to rely on medical assessments conducted by independent experts appointed by the court rather than the report submitted by Duterte’s legal team in evaluating his condition. 

The ruling effectively keeps Duterte in detention at the ICC facility as proceedings related to the case against him move forward.

In a statement sent to NewsWatch Plus, Duterte lawyer Nicholas Kaufman says the ICC ruling rejecting the former president’s appeal for release “reinforces” what he called the court policy of keeping surrendered suspects in crimes against humanity cases detained, regardless of humanitarian grounds.

Earlier, prosecutors and lawyers representing victims of the anti-drug campaign urged the ICC to keep Duterte in custody, warning that releasing the former leader could risk his non-appearance and threaten the safety of witnesses.

Lawyers representing victims also raised concerns that Duterte’s large support base could help him evade the court’s jurisdiction.

“We have always argued that for the victims it’s important that Mr. Duterte remains in detention,” Paolina Massidda, principal counsel for victims, said in an interview with NewsWatch Plus following the court’s annual detention review hearing.

Massidda said victims still living in the Philippines fear for their safety and worry about the integrity of proceedings if Duterte were released. 

“Victims really fear for their security but also the possibility that he could flee,” she said, adding that the accused must be present for trial before the ICC

“He has a lot of supporters, he has money, and so these are means that can be used by Mr. Duterte to avoid justice,” she added. 

Judges are also expected to decide within 60 days whether to confirm crimes against humanity charges against Duterte, who has been in ICC custody since March 2025 after being surrendered to the court in connection with killings linked to his administration’s war on drugs.

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