MANILA — The International Criminal Court’s (ICC) Appeals Chamber is set to issue its ruling on former president Rodrigo Duterte’s appeal for interim release this Thursday, November 28.
The announcement follows an October ruling by the ICC’s Pre-Trial Chamber I, which denied Duterte’s plea for provisional release and ordered that he remain in custody in The Hague, Netherlands.
Duterte has challenged that decision, prompting today’s Appeals Chamber judgment.
The ruling will be delivered in open court at 5:30 p.m. (Manila time) and will be livestreamed via the ICC website, as well as on its Facebook and YouTube channels.
Earlier this month, the ICC Office of the Prosecutor urged the Appeals Chamber to uphold Duterte’s detention, arguing that his legal team failed to demonstrate any factual or legal errors in the initial ruling.
Duterte has been detained at the Scheveningen Prison for almost nine months, after the Marcos administration surrendered him to the ICC over allegations of crimes against humanity in connection with the deadly war on drugs and the alleged Davao Death Squad killings.
WHY DUTERTE CAN SEEK CONDITIONAL RELEASE
Under ICC rules, Duterte, who has yet to stand trial and remains legally presumed innocent, may request conditional release. The court stresses that pretrial detention requires a strong justification.
Judges assess whether the accused might evade proceedings, obstruct investigations, intimidate witnesses, or continue committing alleged crimes under ICC jurisdiction.
If Duterte’s bid for interim release is denied, the ICC will conduct periodic reviews at least every 120 days, and the decision may be reassessed at any time upon request from either the detainee or the Prosecutor.
Despite public campaigns from Duterte’s family and supporters for his return to the Philippines, ICC assistant to counsel Maria Kristina Conti earlier noted that such an outcome is unlikely, given the court’s awareness that the alleged crimes occurred in the Philippines, where the Duterte family retains significant political influence.
STATUS OF CONFIRMATION OF CHARGES
Duterte was originally scheduled for a confirmation of charges hearing on September 23, but the Pre-Trial Chamber postponed the proceedings following his team’s claim that he is medically unfit to stand trial.
A confirmation of charges hearing allows ICC judges to determine whether there is sufficient evidence to move the case to trial.
The chamber granted a limited postponement to fully consider Duterte’s request and the related issues. A new date may be set once these matters are resolved.