THE Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has called on the Appeals Chamber to reject former Philippine President Rodrigo Duterte’s bid for interim release, maintaining that his defense failed to prove any legal or factual error in the earlier decision ordering his continued detention.
In a public redacted version of its October 31 filing, the OTP defended the September 26 ruling by Pre-Trial Chamber I, which denied Duterte’s request for temporary release under the Rome Statute.
The chamber ruled that his detention remains necessary to ensure his appearance at trial, prevent interference with court proceedings, and stop the continuation of alleged crimes.
The Prosecution argued that Duterte’s appeal merely restates his disagreement with the Pre-Trial Chamber’s reasoning and “misstates and misunderstands the applicable law.”
RISK OF FLIGHT AND OBSTRUCTION
Central to the ICC Prosecutor’s argument is the assertion that Duterte poses a tangible risk of flight and obstruction of justice.
The OTP said the Chamber properly found that detention “appears necessary,” dismissing the defense’s claim that the risks cited were “hypothetical” or “non-specific.”
The Prosecution cited Duterte’s extensive political connections and influence, including his daughter, Vice President Sara Duterte, and his recent election as Davao City mayor, as factors supporting the risk assessment.
It also noted that access to international contacts could enable a suspect to evade justice.
The filing further emphasized that ICC jurisprudence allows the use of public sources, such as news reports and NGO publications, to evaluate whether detention remains necessary, even when such sources contain hearsay.
“It is both rational and uncontroversial to conclude that the risk of an accused absconding increases with the severity of punishment and the confirmation of charges against them,” the Prosecution stated.
HEALTH GROUNDS AND PROPOSED CONDITION
Addressing the defense’s arguments on Duterte’s health and proposed conditions for release, the OTP said the Pre-Trial Chamber was justified in finding these insufficient to mitigate risks.
While health concerns can be considered in detention decisions, the Prosecution noted that the defense failed to prove that Duterte’s medical condition was serious enough to warrant his release.
“The issue of Mr. Duterte’s fitness has yet to be evaluated, and there is no basis to conclude that he is unfit to stand trial,” the filing read, adding that the defense’s reports did not meet the legal standards required to justify release on health grounds.