Former Philippine President Rodrigo Duterte, charged with crimes against humanity, will remain in custody after the International Criminal Court (ICC) rejected his defense team’s request for release on medical grounds on Friday.
ICC judges ruled that Duterte posed a flight risk and could potentially influence witnesses if freed, determining these concerns outweighed any medical issues faced by the 80-year-old.
“The Chamber finds that Mr. Duterte’s detention continues to remain necessary,” the ICC said in a heavily redacted ruling dated October 10.
Duterte faces three counts of crimes against humanity, accused of involvement in at least 76 murders linked to his notorious “war on drugs.” The charges allege his role as co-perpetrator in 19 murders committed between 2013 and 2016 while serving as mayor of Davao City; involvement in 14 murders of so-called “high-value targets” during his presidency in 2016 and 2017; and responsibility for 43 killings during “clearance” operations targeting alleged low-level drug users and pushers across the Philippines between 2016 and 2018.
Duterte was arrested in Manila on March 11, flown to the Netherlands the same night, and has been held at the ICC detention unit in Scheveningen Prison since then. At his initial hearing, conducted via video link, he appeared frail, dazed, and barely spoke.
His lawyer, Nicholas Kaufman, has argued that Duterte is unfit to stand trial due to cognitive impairments affecting multiple areas and has called for an indefinite postponement of proceedings.
Responding to the ICC’s decision, Kaufman told AFP, “The Defence considers that the decision to dismiss unprecedented state guarantees for a debilitated and cognitively impaired 80-year-old, kept from the public eye for more than six months, to be erroneous.” He confirmed that an appeal was filed a week ago.
Flight risk and influence concerns
In considering the request for interim release, ICC judges evaluated whether Duterte was a flight risk, whether he could obstruct justice if freed, and his medical condition.
The court concluded that Duterte remains a flight risk and that detention is necessary to ensure his presence during pre-trial and possible trial proceedings. Judges cited his “necessary political contacts” and extensive support network, including his daughter Sara Duterte, the current vice-president of the Philippines — which could assist him in fleeing.
Moreover, the ICC found that Duterte and his network might threaten potential witnesses directly or indirectly through supporters, further justifying continued detention.
Medical condition not sufficient for release
Although the defense submitted medical reports suggesting Duterte suffers cognitive decline, judges deemed this insufficient to warrant release.
“The Chamber considers that the… documents do not indicate how Mr. Duterte’s alleged physical condition or cognitive impairment negate the risks identified above,” the ruling stated.
However, the court emphasized that this decision pertains solely to interim release and does not address whether Duterte is fit to stand trial.
The ruling clarified, “This is without prejudice to any further determination and decision on the separate matter of Mr. Duterte’s fitness to participate in the present proceedings and the confirmation of charges hearing.”
The “confirmation of charges” hearing, which decides if there is enough evidence for a full trial, has been postponed indefinitely while judges assess Duterte’s fitness to proceed.
AFP
