MANILA, Philippines – The International Criminal Court’s (ICC) Appeals Chamber on Friday, November 28, rejected former Philippine President Rodrigo Duterte’s bid for conditional release, affirming an earlier ruling that he must remain in custody as proceedings on his alleged crimes against humanity continue.
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| Photo courtesy: International Criminal Court (ICC) |
Presiding Judge Luz Del Carmen Ibañez delivered the ruling in open court, announcing that the five-member chamber unanimously dismissed all three grounds raised by Duterte’s legal team.
The decision upholds the Pre-Trial Chamber I’s September order, which found that Duterte’s continued detention in The Hague was necessary to secure his appearance at trial and protect the integrity of the investigation.
Duterte, who has been held at the Scheveningen Prison for nearly nine months, did not attend the hearing after waiving his right to be present. His counsel, lawyer Nicholas Kaufman, represented him in court. Kaufman earlier noted that the defense may periodically seek review of Duterte’s detention under ICC Rule 118, which mandates regular assessments of a detainee’s status.
The Appeals Chamber agreed with the Pre-Trial Chamber’s earlier findings that releasing Duterte could endanger witnesses and risk interference in the case.
Judges also highlighted concerns stemming from Duterte’s arrest last March, including his family’s claims that he was “kidnapped,” which the chamber said reflected an unwillingness to submit to the Court’s authority.
Human rights lawyer Gilbert Andres, who represents drug war victims, said families of those killed will continue opposing any move to secure Duterte’s temporary freedom.
In Manila, Palace Press Officer Claire Castro issued a brief response, saying, “The ICC has made its decision, and the Palace respects it.”
Duterte faces three counts of murder linked to 49 killings, part of the broader case alleging crimes against humanity committed during his administration’s anti-drug campaign. While the Philippine government acknowledges more than 6,000 deaths, human rights groups estimate the toll to be significantly higher.
— Noel Ed Richards, The Summit Express