The Appeals Chamber of the International Criminal Court (ICC) has upheld a previous ruling to keep former President Rodrigo Duterte in detention, dismissing an appeal filed by his defense team seeking his temporary release.
In a decision released by the tribunal, the Appeals Chamber affirmed the earlier ruling of the Pre-Trial Chamber that the conditions justifying Duterte’s continued detention remain valid.
Duterte’s defense lawyers argued that the former president should be released due to his health condition and alleged cognitive impairment.
According to the defense, these medical issues significantly reduce the risk that Duterte could flee, interfere with witnesses, or commit additional crimes while awaiting trial.
However, the judges rejected the argument, saying the medical report presented by the defense did not constitute a “new fact or changed circumstance” that would justify modifying the earlier detention order.
“The defense report relied on existing information and did not include a new medical examination,” the Appeals Chamber said.
The Appeals Chamber also noted that the submission failed to provide grounds for reconsidering the detention decision.
The court also clarified that risk assessments, such as whether an accused person might attempt to escape, obstruct justice, or influence witnesses, are legal determinations made by judges and not medical experts.
The chamber emphasized that an independent medical panel appointed by the ICC had already provided the most reliable assessment of Duterte’s health condition.
Since no new circumstances were established, the court concluded that the legal requirements for detention remain in place.
