ICC Appeals Chamber rejects Duterte’s release plea

MANILA – The International Criminal Court (ICC) Appeals Chamber upheld on March 6 former President Rodrigo Duterte’s detention at The Hague, rejecting his defense team’s arguments for his release.

“The Appeals Chamber finds that the Defence has failed to establish any errors of the Pre-Trial Chamber in relying upon the Panel’s Reports which provide the most updated medical information in respect of Mr Duterte’s health condition,” the decision reads.

The ICC Pre-Trial Chamber I said that Duterte is fit to take part in pre-trial hearings on January 26, based on the medical experts’ report submitted in December 2025.

Read: ICC finds Duterte fit for trial

ICC Pre-Trial Chamber I appointed a panel of independent medical experts to assess Duterte’s ability to follow and take part in the pre-trial proceedings. The details of this assessment were redacted as these are private.

Duterte’s defense team claimed that the ICC Pre-Trial Chamber I committed errors and asked the ICC Appeals Chamber to order Duterte’s immediate release.

The defense said that the ICC Pre-Trial Chamber I did not recognize or engage the report coming from their team about their client’s medical condition. The prosecutor, meanwhile, stressed that the most current reliable information on Duterte’s condition is already stated in the Panel’s report.

The prosecutors and the victims’ common legal representatives stressed that there was no error ICC Pre-Trial Chamber I’s decision as it relied on the independent medical experts’ report.

The ICC Appeals Chamber said the defense report did not present any new information about Duterte’s health. It noted that the two doctors chosen by the defense team did not conduct a new medical examination. 

Human rights alliance Karapatan welcomed the ICC Appeals Chamber’s decision, saying that Duterte’s immediate release has been the subject of the disinformation networks in the Philippines, together with the arguments to justify his controversial anti-illegal drugs campaign.

“The successive legal losses of Duterte at the ICC should be an indicator that no one is buying Duterte’s delaying tactics. He should remain in jail, and he should face trial,” Karapatan Secretary-General Cristina Palabay said. “Let us all remain vigilant as we await the confirmation of charges of Duterte after 60 days, and ensure that despite difficulties, accountability must be attained.”

Duterte’s confirmation of charges hearing concluded on  February 27, despite his waiver to be present. The ICC Pre-Trial Chamber I will decide on the case within 60 days. The chamber could confirm the charges and proceed to trial, decline to confirm the charges, or adjourn the hearing and request the prosecutor to conduct further investigation. (RTS, DAA)

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