Former president Rodrigo Duterte (ICC Photos)
The Appeals Chamber of the International Criminal Court (ICC) has upheld an earlier ruling keeping former president Rodrigo Duterte in detention, rejecting the appeal filed by his defense team.
In a judgment issued March 6, the Appeals Chamber confirmed the Jan. 26 decision of Pre-Trial Chamber I that found no new or changed circumstances warranting a modification of Duterte’s detention while proceedings continue.
The defense had argued that the lower chamber erred when it disregarded a medical report submitted by Duterte’s lawyers concerning his health condition.
However, the Appeals Chamber ruled that the defense report did not provide any new information because the medical practitioners cited had not conducted a fresh examination of Duterte.
The judges noted that the report relied largely on existing findings from court-appointed medical experts and, therefore, could not be considered a new fact that would justify revisiting the earlier ruling.
The chamber also emphasized that while medical information may help assess a detainee’s health, determining whether risks exist—such as flight risk, interference with investigations, or continuation of alleged crimes—is ultimately a legal determination for the court.
As a result, the Appeals Chamber dismissed all arguments raised by the defense and affirmed the pre-trial chamber’s decision to keep Duterte in custody.
Duterte faces charges of crimes against humanity of murder and attempted murder, allegedly committed in the Philippines between Nov. 1, 2011, and March 16, 2019, in connection with the government’s anti-drug campaign.
The confirmation of charges hearing concluded on Feb. 27, after which the judges began deliberations on whether the case will proceed to trial.