Former Philippine president Rodrigo Duterte will remain in custody after the International Criminal Court (ICC) on Friday rejected his defence team’s request for release on medical grounds.
Judges ruled that Duterte posed a flight risk and might influence witnesses if freed, stating that these risks outweighed any health concerns faced by the 80-year-old.
“The Chamber finds that Mr Duterte’s detention continues to remain necessary,” the ICC said in a heavily redacted ruling dated 10 October.
Prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders linked to his violent “war on drugs”.
The first charge accuses him of participating as a co-perpetrator in 19 killings between 2013 and 2016 while serving as mayor of Davao City. The second relates to 14 killings of so-called “high-value targets” in 2016 and 2017 during his presidency. The third charge concerns 43 murders committed during “clearance operations” targeting alleged low-level drug users and dealers between 2016 and 2018.
Duterte was arrested in Manila on 11 March and flown to the Netherlands that night. He has since been held at the ICC detention facility in Scheveningen Prison. During his initial appearance via video link, he appeared frail and largely unresponsive.
His lawyer, Nicholas Kaufman, argued that Duterte is unfit to stand trial due to “cognitive impairment in multiple domains” and urged the court to postpone proceedings indefinitely.
Reacting to the ICC’s decision, Kaufman told AFP: “The Defence considers the dismissal of unprecedented State guarantees for a debilitated and cognitively impaired 80-year-old, kept from public view for over six months, to be erroneous. An appeal was filed a week ago.”
The ICC judges concluded that Duterte “continues to pose a flight risk” and must remain detained to ensure his presence during pre-trial proceedings and any potential trial. They cited his “political connections” and “network of support”, including his daughter, Vice-President Sara Duterte, which could assist him in absconding.
The judges also noted the risk that Duterte or his allies could threaten witnesses, directly or indirectly, further justifying his detention.
Medical reports submitted by the defence were deemed insufficient to justify release. The court stated that the documents “do not indicate how Mr Duterte’s alleged physical condition or cognitive impairment negate the risks identified above.”
However, the ruling applies only to his interim release and not to the question of whether he is fit to stand trial. Judges emphasised that this decision is “without prejudice” to any future determination on Duterte’s ability to participate in proceedings.
The next stage of the case — the “confirmation of charges” hearing — will determine whether there is enough evidence for a full trial. It has been postponed indefinitely pending the court’s assessment of Duterte’s medical fitness.
Paolo Duterte, his son and a member of the House of Representatives, condemned the ruling as “a gross and disgraceful miscarriage of justice,” calling the process “political theatre rather than law.”