ICC Appeals Chamber unanimously rejects Duterte's interim release appeal
Former president Rodrigo Duterte (ICC Photo)
The International Criminal Court (ICC) Appeals Chamber has unanimously confirmed the decision rejecting the request for former president Rodrigo Duterte's interim release, ruling once again that his detention remains necessary.
The Chamber’s decision, delivered at 5:30 p.m. (Manila time) by Presiding Judge Luz del Carmen Ibañez, upheld the Pre-Trial Chamber I’s earlier findings on flight risk, witness interference, and the danger of renewed violence.
According to the ICC, Duterte’s defense argued that the lower chamber erred in finding Duterte a risk under Article 58(1)(b) of the Rome Statute, that it wrongly dismissed guarantees offered by a state willing to receive him, and that it failed to weigh humanitarian considerations.
However, the Appeals Chamber ruled that the Pre-Trial Chamber made a “comprehensive assessment” of the risks and that Duterte’s lawyers “failed to identify errors” or show that the Sept. 26 ruling was unreasonable.
Regarding Duterte’s supposed failing health, the Appeals Chamber said no provision specifically provides for the interim or conditional release of a detained person on health grounds.
“The medical condition of a detained person may have an effect on the risks. It may be a reason for the Pre-Trial Chamber to grant interim release with conditions,” Ibañez said.
“Such determination is necessarily case-specific, contrary to the defense's assertion that the Pre-Trial Chamber failed to include it in its consideration,” she added.
Duterte, who waived his right to attend the session, directed his lawyer, Nicholas Kaufman, to receive the ruling on his behalf.
In a declaration signed Nov. 25, the former president said, “I… waive my right to appear before the Appeals Chamber… and instruct my lawyers to hear the judgment.”
The decision reaffirmed that Duterte’s past statements, including repeated rejection of ICC authority, continue to pose threats to the integrity of the proceedings.
The Chamber also reaffirmed concerns of possible intimidation of witnesses, referring to the Prosecution’s filings on Duterte’s influence networks and past public remarks.
Acceptance
Meanwhile, Duterte's family said it accepts the decision of the ICC Appeals Chamber.
"The family accepts the ICC Appeals Chamber's decision with peaceful hearts," they said in a statement.
"We will continue to work with the defense team on the case and will keep supporting former president Rodrigo Duterte with our daily conversation. We thank everyone who prayed with us today," they added.
In a message to reporters, Presidential Communications Office (PCO) Undersecretary Claire Castro said the Palace respects the ICC’s decision.
“The International Criminal Court has already made its decision, and the Palace respects it,” she said Friday evening.
With the Appeals Chamber’s ruling now final at this stage, Duterte will remain detained as the ICC continues preparations for the confirmation of charges. The tribunal has not yet set a new date for the postponed hearing.
Not unexpected
Kaufman, on the other hand, said the Appeals Chamber's verdict was not unexpected.
"The ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes against humanity," he said.
Kaufman added that they now await the result of Duterte's medical evaluation due next month. After that, they will reintroduce their request to release Duterte, whom he described as having "debilitating physical conditions and cognitive issues" that make him incapable of flight or threaten witnesses.