THE legal team of former President Rodrigo Duterte urged the International Criminal Court (ICC) to revisit its decision to keep him detained, saying his physical and cognitive health has sharply declined.
In a Jan. 9 submission, defense lawyer Nicholas Kaufman said Duterte has become “an emaciated, infirm and incapacitated shadow of his former self,” citing observations from family members and lawyers.
He said aging has “taken a grievous toll” on Duterte, and noted that court-appointed medical experts agreed he is elderly, frail, and experiencing unexplained weight loss.
The defense said Duterte now depends on constant assistance for daily functioning. Kaufman stressed that the request does not relate to questions of guilt or innocence, but asks the Chamber to order a periodic review of detention under Article 60(3) of the Rome Statute due to alleged new health developments.
He further argued that Duterte’s cognitive issues constitute “a new fact” that was not fully evaluated in previous rulings and that the risks originally cited to justify detention are no longer realistic given his condition.
On flight risk, the filing said Duterte no longer has the executive functioning, planning capacity, or stamina to evade supervision.
The defense rejected claims that Duterte is overstating his condition, pointing out that none of the court experts concluded he was malingering.
The filing also criticized prosecutors for suggesting otherwise, arguing that neurological issues should be examined in open court. Duterte has not appeared before the ICC for around 10 months.
Kaufman reiterated that an ICC member state has agreed to accept Duterte under restrictive conditions if released, and asked the Chamber to consider interim release while proceedings continue.
Prosecutors continue to oppose defense requests, arguing that statutory detention risks remain. The Pre-Trial Chamber has yet to rule on the latest petition.
Duterte was arrested in March last year and faces charges of crimes against humanity linked to killings under the Philippine government’s anti-drug campaign from 2016 to 2019. His earlier applications for interim release have been denied and upheld on appeal.
In December, ICC Deputy Prosecutor Mame Mandiaye Niang said Duterte, though frail, remains capable of exercising his fair trial rights.