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ICC prosecutors urge Appeals Chamber to keep ex Philippine president Duterte detained
The prosecution also pointed to Duterte's political influence and network of loyal supporters as indicators of his ability to mobilise support or evade justice
The Office of the Prosecutor (OTP) at the International Criminal Court (ICC) has urged the Appeals Chamber to dismiss former Philippine President Rodrigo Duterte's appeal for temporary release, saying his defence failed to prove any legal or factual errors in the earlier decision to keep him in custody.
In its latest response — a public redacted version of a filing submitted on October 31 — the prosecution defended the September 26 ruling by Pre-Trial Chamber I, which denied Duterte's request for interim release under the Rome Statute.
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The chamber previously ruled that Duterte's detention remains necessary to ensure three key objectives.
To ensure his appearance at trial
To ensure he does not obstruct or endanger the investigation or court proceedings
To ensure he does not continue with the commission of crimes alleged
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According to the prosecution, Duterte's appeal largely reflects "disagreement" with the ruling rather than identifying any genuine judicial error. It said the defence "and misstates and misunderstands the applicable law".
Potential risks
A central parr of the ICC prosecution's argument focuses on the risk that Duterte could flee or obstruct the justice if released.
The OTP stressed that the Chamber correctly assessed that detention "appears necessary" in light of the potential risks, rejecting the Duterte's defence claims that these risks were merely "hypothetical".
Prosecutors also pointed to Duterte's political influence and network of loyal supporters, including his daughter, Philippine Vice-President Sara Duterte, and his recent election as mayor of Davao City, as indicators of his ability to mobilise support or evade justice.
"Similarly, the Appeals Chamber has noted that 'access to international contacts could provide the means to enable a suspect to abscond, whether or not there was evidence that the suspect would actually utilize such contacts'."
The OTP also defended the use of public information — including media reports and NGO findings — to support its case, saying such sources are routinely accepted in ICC proceedings when assessing the necessity of detention.
"It is both rational and — as the Court’s jurisprudence demonstrates — uncontroversial to conclude that the risk of an accused absconding increases with the severity of the punishment they face and the confirmation of charges against them," it also said.
ICC chamber names presiding judge in Duterte jurisdiction appeal
Health and release conditions dismissed
The OTP also pushed back against Duterte's claim that his health justified release, saying his medical arguments were "insufficient".
The chamber had already ruled that his alleged ailments did not outweigh the risks posed by his potential release.
While acknowledging that health concerns can influence judicial discretion, the OTP sid there was no evidence suggesting that detention posed serious harm to Duterte's wellbeing.
"[T]he issue of Mr Duterte’s fitness is has yet to be evaluated and the Prosecution does not accept that there is any basis to conclude that Mr. Duterte is not fit to stand trial," it said, adding it is unclear what legal standards or thresholds the defence used in its assessment.
Elizabeth Gonzales
Elizabeth Gonzales is a Digital Journalist who loves writing about the expat life — and ways to make the most of it. When she's not looking for new hacks to share with readers, you may find her giving them a real laugh at one of her stand-up comic events.
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