MANILA — The Appeals Chamber of the International Criminal Court (ICC) has denied the appeal filed by former president Rodrigo Duterte seeking interim release from detention in the Netherlands, affirming that he must remain in custody over concerns he could pose a flight risk.
The ruling, released over the weekend, upheld the earlier decision of ICC Pre-Trial Chamber I dated Jan. 26 ordering Duterte’s continued detention at the ICC Detention Center while proceedings against him move forward.
ICC spokesperson Oriane Maillet confirmed that the appellate judges unanimously affirmed the earlier ruling.
“The Appeals judges unanimously confirm the decision of Pre-Trial Chamber I, which had remanded Mr. Duterte in detention,” Maillet said.
“The Appeals Chamber rejected or dismissed all of the Defense’s arguments and rejected the Defense’s ground of appeal in its entirety,” Maillet added.
Duterte’s legal team had earlier argued that the Pre-Trial Chamber committed an error when it refused to consider a report regarding the former president’s medical condition.
The defense claimed the chamber “erred in fact and in law, and abused its discretion” when it dismissed the document on the grounds that it came from a party involved in the proceedings.
However, the Appeals Chamber ruled that the report did not contain any new medical findings regarding Duterte’s condition.
The tribunal noted that the two medical practitioners cited in the report had not conducted a fresh examination of the former president.
The Appeals Chamber further said that assessing potential risks — including whether Duterte’s health condition could affect those risks — is ultimately a legal determination that falls under the authority of the Pre-Trial Chamber and does not require input from medical practitioners./PN
