ICC appeals chamber: Du30 stays in detention
The Appeals Chamber of the International Criminal Court (ICC) affirmed the decision of a pretrial chamber to keep former President Rodrigo Duterte in detention at The Hague, the Netherlands, where he has been held since March 12, 2025.
It rejected the defense panel’s position that Duterte was put at a “disadvantage” when its own medical report was not considered earlier when he was seeking temporary liberty.
In a 29-page decision released on Friday night, the five-member Appeals Chamber dismissed the defense appeal of the Jan. 26 ruling by the Pre-Trial Chamber (PTC) I that found no changes in Duterte’s condition as a detainee, including his supposed cognitive issues, that would reduce the risks he posed if he is ever released.
In contesting the PTC’s decision, Duterte’s lawyers led by Nicholas Kaufman said the pretrial chamber “erred in fact and in law” and “abused its discretion” when it set aside a joint medical report submitted by the defense containing “new” findings on Duterte’s health status.
The defense argued that Duterte’s medical condition already “undermines his ability to abscond, to threaten witnesses or the investigation, and continue the commission of crimes.”
Independent medical findings
But the Appeals Chamber said the defense was not able to “substantiate how the (PTC’s) determination not to rely upon the defence’s report placed it at a substantial disadvantage vis-à-vis the Prosecutor.”
It recalled the PTC’s “consistent position that it would not rely upon medical reports provided by any party to the proceedings.”
It also agreed with the PTC’s reasoning that the defense, which is a party to the case, “lacks requisite expertise” to come up with independent medical findings from the doctors it selected to asses Duterte’s health.
The defense also failed to raise the issue earlier before the PTC when it stated in previous rulings that it would not depend on the defense for medical reports, the Appeals Chamber said.
Despite the chamber’s denial last September of Duterte’s initial request for interim release, the PTC is bound by the Rome Statute to conduct a review on his detention every 120 days to determine whether risks posed by the accused continue to exist.
There was no immediate response from Kaufman when the Inquirer sought his comment on the ruling on Saturday.
For human rights lawyer Neri Colmenares, who was with the families of drug war victims last week in The Hague, it was only right for the court not to allow medical experts handpicked by either the defense or the prosecution.
“A medical report coming from the defense will be countered by a medical report coming from the prosecutor and such may not necessarily lead to a conclusive decision on the matter and could further delay the proceedings,” Colmenares told the Inquirer.
“There are no changed circumstances that require a new decision. It is right for the Appeals Chamber to affirm the PTC decision,” he added. INQe, reportedly went to The Hague the week after the confirmation of charges hearing.
