ICC Appeals Chamber Unanimously Rejects Duterte’s Plea For Temporary Release
THE HAGUE, Netherlands—The International Criminal Court (ICC) Appeals Chamber today delivered a unanimous judgement, rejecting the appeal filed by the legal team of former Philippine President Rodrigo Duterte for his temporary release from custody. The ruling confirms that Mr. Duterte will remain in ICC detention as he awaits his confirmation of charges hearing.
The Appeals Chamber, composed of five judges, including Presiding Judge Luz del Carmen Ibáñez Carranza, found that the Defence failed to identify any legal or factual errors in the earlier ruling by the Pre-Trial Chamber (PTC) that denied the initial request.
Upholding the Pre-Trial Chamber's Reasoning
The Defence lawyers had challenged the PTC’s conclusion, which deemed Mr. Duterte a risk based on the three grounds enumerated in Article 58 of the Rome Statute: ensuring his appearance at trial, preventing obstruction of proceedings, and stopping the potential commission of further crimes.
The Appeals Chamber noted that the PTC reached its conclusions following a comprehensive assessment of the information before it. Specifically, the Appeals Chamber rejected all three arguments raised by the Defence:
That the Pre-Trial Chamber wrongly concluded Mr. Duterte posed a risk under Article 58.
That the guarantees offered by a state willing to host him were sufficient to mitigate the risk.
That humanitarian considerations should have been given more weight.
The judges concluded that the Defence "failed to identify errors in the Pre-Trial Chamber’s reasoning or to demonstrate that the Pre-Trial Chamber’s conclusions were unreasonable."
The former president, whose led counsel Nicholas Kaufman stated he was "absent today but very much present in spirit," waived his right to be present at today’s hearing.
Defence Signals Next Move
Following the unanimous rejection, Mr. Duterte's lead counsel, Nicholas Kaufman, issued a statement confirming the rejection but signaling the Defence’s immediate plan to reintroduce the plea for release based on health grounds.
"While we respect the Chamber's legal interpretation, we are disappointed by the outcome. Our next priority will be the submission of the independent medical experts' evaluation," stated Mr. Kaufman. "Once that crucial report on the former president's cognitive decline is submitted, we will immediately reintroduce a renewed and strengthened request for interim release grounded on compelling humanitarian and medical necessity."
The submission of the independent medical experts’ evaluation is expected by the first week of December.
Victims' Counsel Affirms Decision
Meanwhile, Atty. Kristina Conti, the Assistant to Counsel for the victims, welcomed the decision, stating that it validates the necessity of Mr. Duterte's continued detention for the sake of the victims and the integrity of the process.
"The unanimous decision affirms the Pre-Trial Chamber's comprehensive assessment of risk. This is a critical step in ensuring that the course of justice is not impeded," Atty. Conti told a news outlet. "For the victims, this ruling provides necessary assurance that the court prioritises their protection and the judicial process above all else, ensuring Mr. Duterte remains in custody while facing charges for the alleged crimes against humanity."
The case against Mr. Duterte stems from allegations of crimes against humanity, including murder and attempted murder, committed in the Philippines between 2011 and 2019.
The link to the full judgment can be found here:
https://www.icc-cpi.int/court-record/icc-01/21-01/25-326-red
