ICC denies Duterte’s plea for freedom; cites reoffending, witness intimidation risks

The International Criminal Court (ICC) has denied former President Rodrigo Duterte’s appeal for temporary release, stating he remains a flight risk and a potential threat to witnesses.

In a 23-page ruling issued on October 10, the ICC Pre-Trial Chamber I said keeping Duterte in detention is needed to ensure his presence during proceedings.

The decision was made in accordance with Articles 60(2) and 58(1) of the Rome Statute, which establish the legal framework for the detention of suspects.

“The chamber hereby rejects the request and the renewed request…orders the continued detention of Mr. Duterte,” the decision read.

Judges Iulia Antoanella Motoc, Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera also found that Duterte’s lawyers failed to provide sufficient grounds to justify his release.

Chamber judges said Duterte continues to present all three risk factors under the Rome Statute, noting that he might flee, intimidate witnesses, or commit similar crimes if released.

They then pointed to Duterte’s enduring influence in the Philippines, saying his political network could still be used to interfere with the case.

Duterte’s lawyers had also appealed for humanitarian consideration, citing his age and health, but the court said his rights to family visits and communication were already being upheld.

“Notably, he may receive visits from and call his family members [REDACTED]. The remaining [REDACTED] are inherent to a lawful detention and do not constitute considerations that may warrant an interim release on humanitarian grounds,” the court added.

The court then took note of the former president’s son, Davao City Acting Mayor Sebastian Duterte, who remains in a position of authority in one of the areas where killings allegedly took place.

“Considering Mr. Duterte’s son’s position of power in the Philippines at one of the locations of the crimes alleged in the Warrant of Arrest and the DCC [Document Containing the Charges], the Chamber finds that this risk continues to exist even if Mr. Duterte would be released to a location that falls outside of the geographic scope of the alleged crimes,” the pre-trial chamber said.

ICC pre-trial chamber judges further recalled an earlier incident where Duterte was said to have briefed a Davao Death Squad witness before a Senate hearing in 2016.

“Mr. Duterte’s and his associates’ history shows that he is able and has means, either directly or through his associates, to obstruct proceedings against him,” the pre-trial chamber stated.

Duterte faces three counts of crimes against humanity of murder, covering 49 incidents with 78 identified victims linked to his anti-drug campaign during his term as the president.