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 plea for release on medical grounds.
The court ruled that the 80-year-old posed a flight risk and could influence witnesses if freed, concluding that these risks outweighed his reported health issues.
“The Chamber finds that Mr Duterte’s detention continues to remain necessary,” the ICC stated in a heavily redacted ruling dated October 10.
Duterte faces three counts of crimes against humanity for his alleged role in at least 76 killings during his controversial “war on drugs.” Prosecutors accuse him of direct involvement in murder operations during his time as Davao City mayor and later as president.
Allegations of Crimes Against Humanity
The first charge concerns Duterte’s alleged co-perpetration in 19 murders between 2013 and 2016 while he served as Davao City’s mayor. The second charge covers 14 killings of so-called “High Value Targets” between 2016 and 2017, during his presidency. The third charge relates to 43 murders of suspected low-level drug users and dealers between 2016 and 2018 during “clearance” operations.
Duterte was arrested in Manila on March 11 and flown to the Netherlands that same night. He has been held since at the ICC’s detention unit in Scheveningen Prison. During his initial appearance via video link, Duterte appeared frail and disoriented, speaking little throughout the proceedings.
His lawyer, Nicholas Kaufman, has argued that Duterte suffers from “cognitive impairment in multiple domains” and is unfit to stand trial. Kaufman urged the ICC to postpone proceedings indefinitely, citing severe cognitive decline.
Following the court’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 added that an appeal had already been filed a week prior.
Court Cites Flight Risk and Influence Concerns
Judges determined that Duterte “continues to pose a flight risk” and that his detention is vital to ensure his presence at future hearings and a potential trial. They noted his “necessary political contacts” and “a network of support,” which includes his daughter, Vice President Sara Duterte.
This network, the court warned, could assist Duterte in evading justice. The judges also expressed concern that Duterte or his allies “would pose a threat to (potential) witnesses, either directly or indirectly through his supporters,” reinforcing the need for continued detention.
While the defense submitted medical reports suggesting Duterte’s declining cognitive state, the judges found them insufficient. “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 ICC said.
However, the judges clarified that this ruling applies only to his interim release, not his ability to stand trial. “The ruling 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 document noted.
That “confirmation of charges” hearing, the next key stage in the process, will determine whether the evidence is strong enough to proceed to trial. It has been postponed indefinitely pending medical evaluations to assess Duterte’s fitness.
Reacting to the ruling, Duterte’s son, Paolo Duterte, condemned it as “a gross and disgraceful miscarriage of justice.” He added, “It is not law, it is a political theatre.”
What you should know
Rodrigo Duterte, the former Philippine president known for his harsh anti-drug campaign, remains in ICC custody after judges ruled he poses a flight risk.
Despite claims of deteriorating health, the court maintained that his detention is necessary pending further hearings to decide if he is fit to stand trial on crimes against humanity charges.
