MANILA — The legal team of former Philippine president Rodrigo Duterte has asked the International Criminal Court (ICC) to seek an independent expert assessment on risk factors relevant to his ongoing detention, following the denial of his request for interim release.
In an eight-page filing dated December 19, Duterte’s defense requested that the same medical panel previously commissioned by the ICC Pre-Trial Chamber I to evaluate Duterte’s cognitive fitness be instructed to produce a clinical report on his capacity to meet the risk conditions outlined under Article 58(1)(b) of the Rome Statute.
The Pre-Trial Chamber had earlier rejected Duterte’s bid for interim release, ruling that continued detention remained necessary under Article 58(1), which sets criteria related to flight risk, interference with witnesses, and the risk of reoffending.
The Appeals Chamber later upheld that decision, agreeing that the Chamber had arrived at a “comprehensive” assessment of the relevant risks.
However, Duterte’s lawyers argued that the Pre-Trial Chamber failed to factor in his medical condition when evaluating those risks.
They said the defense is currently unable to substantiate its medical claims through any other means except through the independent panel recognized by the court.
“In light of previous rulings pertaining to Mr. Duterte’s cognitive state, the Defence is presently unable to substantiate its medical submissions other than through the Panel that the Pre-Trial Chamber has deemed to be independent,” the filing read.
The defense thus asked the court to order the panel to issue an opinion, based on its clinical examinations, regarding Duterte’s current ability to “actualise” the risk factors outlined under Article 58(1)(b).
Duterte has been detained in The Hague since March last year over charges of crimes against humanity in connection with the deadly anti-drug campaign carried out during his presidency.