The International Criminal Court (ICC) Appeals Chamber has unanimously upheld the decision denying former President Rodrigo Duterte’s request for interim release, reaffirming that his detention remains necessary. His family, meanwhile, expressed acceptance of the ruling with “peaceful hearts,” thanking those who offered prayers and pledging their continued support.
The Chamber’s decision, delivered at 5:30 p.m. (Manila time) by Presiding Judge Luz del Carmen Ibañez, upheld the Pre-Trial Chamber I’s earlier findings on flight risk, witness interference, and the danger of renewed violence.
Ibañez pointed out that Duterte’s defense “failed” to show that the Pre-Trial Chamber I erred in its assessment of the risks that come with his supposed release.
Regarding Duterte’s supposed failing health, the Appeals Chamber said no provision specifically provides for the interim or conditional release of a detained person on health grounds.
“The medical condition of a detained person may have an effect on the risks. It may be a reason for the Pre-Trial Chamber to grant interim release with conditions,” Ibañez said.
“Such determination is necessarily case-specific, contrary to the defense’s assertion that the Pre-Trial Chamber failed to include it in its consideration,” she added.
Duterte, who waived his right to attend the session, directed his lawyer, Nicholas Kaufman, to receive the ruling on his behalf.
In a declaration signed Nov. 25, the former president said, “I… waive my right to appear before the Appeals Chamber… and instruct my lawyers to hear the judgment.”
The decision reaffirmed that Duterte’s past statements, including repeated rejection of ICC authority, continue to pose threats to the integrity of the proceedings.
The Chamber also reaffirmed concerns of possible intimidation of witnesses, referring to the Prosecution’s filings on Duterte’s influence networks and past public remarks.
“The family accepts the ICC Appeals Chamber’s decision with peaceful hearts,” the Duterte family said in a statement.
“We will continue to work with the defense team on the case and will keep supporting former president Rodrigo Duterte with our daily conversation. We thank everyone who prayed with us today,” they added.
Meanwhile, in a message to reporters, Presidential Communications Office (PCO) Undersecretary Claire Castro said the Palace respects the ICC’s decision.
“The International Criminal Court has already made its decision, and the Palace respects it,” she said Friday evening. (Argyll Geducos)
