The Office of the Prosecutor of the International Criminal Court (ICC) has urged the Appeals Chamber to deny former President Rodrigo Duterte’s appeal for temporary release, asserting that his continued detention remains lawful, necessary, and in the interest of justice.
Based on the Appeals Chamber’s filing on October 31, Deputy Prosecutor Mame Mandiaye Niang argued that Duterte still poses serious risks of flight, obstruction of justice, and potential reoffending, citing his history, political influence, and family connections in government.
Niang stated the Defense had misinterpreted the legal standards governing detention, emphasizing that ICC rules require detention to prevent possible, not necessarily certain, risks.
“The law does not demand proof that such risks will materialize with certainty. It is enough that the risks are real and identifiable, which is clearly the case here,” Niang wrote.
The prosecution also defended its reliance on open-source and non-governmental organization (NGO) reports in pre-trial proceedings, saying these materials are valid and consistent with ICC practice.
Niang urged the Appeals Chamber to uphold the Pre-Trial Chamber’s earlier ruling, stressing that Duterte’s continued detention is crucial to protect the integrity of the Court and ensure the proper administration of justice.
“The accused’s release would undermine the trust in the judicial process and could endanger witnesses or ongoing investigations,” the prosecution said.
The former president has been detained at the International Criminal Court (ICC) in The Hague, Netherlands, since mid-2025 following the ICC’s warrant of arrest over alleged crimes against humanity linked to his administration’s anti-drug campaign.
Duterte’s legal team filed for temporary release in June this year, arguing that his detention is unjustified and that he poses no flight risk, a claim the prosecution has strongly disputed.
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