ICC rejects ex-Philippine leader Duterte’s appeal for provisional release

The International Criminal Court (ICC) Appeals Chamber has rejected a request to release from detention former Philippine President Rodrigo Duterte, who has ongoing proceedings against him on charges of crimes against humanity.

In a decision issued on Friday, the ICC appeals court rejected all three grounds cited by Duterte’s defence lawyers for his release, citing the risks of flight and the possibility of the accused evading trial.

“Having rejected the three grounds of appeal, the appeals chamber unanimously confirms the impugned decision,” the ICC Appeals Chamber president, Judge Luz del Carmen Ibanez Carranza, said.

As a former president of the Philippines and newly elected mayor of Davao City, Duterte could also exert political influence to avoid facing the charges against him, the court added.

In a statement following the decision, the National Union of Peoples’ Lawyers (NUPL), which represents families of the victims of the war on drugs welcomed the decision, saying the detention “is crucial for victims and witnesses to feel safe coming forward”.

“It is an assurance that he cannot simply intimidate persons, interfere with evidence, or disrupt proceedings.”

Meanwhile, the Duterte family said it “accepts” the decision “with peaceful hearts”.

“We will continue to work with the defense team on the case and will keep supporting Former President Rodrigo Duterte with our daily conversations,” according to the statement released by Vice President Sara Duterte, daughter of the former president.

Duterte’s legal team was appealing an October decision to keep him in custody after judges found that he was likely to refuse to return for trial and could use his freedom to intimidate witnesses.

Prosecutors at the ICC say Duterte was involved in dozens of killings as part of his so-called war on drugs when in office, first as the mayor of a southern city and later as president from 2016 to 2022.

According to court filings, Duterte instructed and authorised “violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users”.

Estimates of the death toll during Duterte’s presidential term vary. National police put the figure at more than 6,000, while human rights groups have claimed up to 30,000 killings.

Families of victims hailed Duterte’s arrest in March. He has been in detention at The Hague for more than eight months.

Duterte’s lawyers say he is “infirm and debilitated” and that it is “cruel” to keep him in custody during the trial. In September, the court postponed a pre-trial hearing until a full medical assessment could be made.

According to filings by his lawyers, Duterte’s “cognitive faculties” have declined to a level that he cannot assist his lawyers.

Family members who visited him in detention, however, contradicted those statements, saying he is doing “well” and “very engaged”.

In a separate visit, Vice President Sara Duterte, had suggested that his supporters should march to his detention centre and stage a “jailbreak”.

Last month, judges rejected a challenge to their jurisdiction in the case.

In advance of the decision, Kristina Conti, a leading human rights lawyer who represents the families of victims, expressed 99 percent confidence that Duterte’s appeal would be rejected.

“There’s a strong evidence why he should stay in jail,” Conti said in a statement posted on social media.

ICC prosecutors announced in February 2018 that they would open a preliminary investigation into the violence that took place during Duterte’s time in power.

In a move that human rights activists say was aimed at escaping accountability, Duterte, who was still president, announced a month later that the Philippines was withdrawing its membership from the ICC.

The charges against Duterte date from November 1, 2011, when he was still mayor of the southern city of Davao, to March 16, 2019, when the withdrawal from the ICC took effect.