Metro Manila, Philippines – Former President Rodrigo Duterte will remain detained at the International Criminal Court after judges ruled that risks of flight and obstruction of justice have increased following the confirmation of charges against him.
In an eight-page decision dated May 22, the Trial Chamber III said there were no “notable change in circumstances” that would justify Duterte’s release with or without conditions.
“Accordingly, the Chamber finds that the risks…have increased,” the chamber said.
The judges said the confirmation of charges against Duterte last April further raised the risk that he could escape.
“The confirmation of charges against the Accused constitutes a change in circumstances,” the chamber said.
“It is this Court’s consistent and longstanding jurisprudence that the confirmation of charges increases the risk that an accused may abscond,” it added.
Judges also pointed to Duterte’s rejection of the ICC proceedings and refusal to recognize the tribunal’s jurisdiction.
The decision cited Duterte’s earlier statement before the court where he said: “I do not recognise the jurisdiction of the International Criminal Court over my person.”
The chamber said Duterte’s position “demonstrates at its lowest that the Accused will not comply with any orders that might be made in respect of a release from custody.”
Judges also cited Duterte’s “vast resources and contacts,” including family members and supporters in the Philippines who could allegedly help him evade justice.
“Taken together with his access to vast resources and contacts, including his family and supporters in the Philippines who may assist him in evading justice, the Chamber finds that… there is a real and substantial risk that the Accused could nonetheless abscond or obstruct justice,” the ruling stated.
The defense earlier argued Duterte’s deteriorating health and cognitive condition warranted reconsideration of his detention, claiming the former president suffered falls, balance problems, and memory issues.
But the chamber said three court-appointed medical experts found no basis to modify Duterte’s detention.
Duterte is facing an ICC trial over killings linked to his anti-drug campaign and alleged Davao Death Squad operations.
