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ICC Appeals Judges Deny Duterte’s Bid for Provisional Release

The court ruled that health-based pleas were insufficient given risks to the integrity of the proceedings.

Overview

  • The ICC Appeals Chamber on Nov. 28 upheld an October decision to keep Rodrigo Duterte in custody, with Presiding Judge Luz del Carmen Ibáñez Carranza saying the defense failed to show the ruling was unreasonable.
  • Judges cited a real risk that Duterte could abscond or interfere with witnesses if released.
  • Defense lawyers argued he is infirm with cognitive decline and sought transfer to another state, but judges said proposed safeguards were inadequate and humanitarian reasons alone did not justify release.
  • Duterte remains detained in The Hague pending pretrial steps, including a medical assessment of his fitness to stand trial, and his counsel says it will renew the request after the examination results.
  • He faces crimes against humanity charges tied to the anti-drug campaign covering 2011 to 2019; prior challenges to ICC jurisdiction were rejected, and reported death toll estimates range from roughly 6,000 to as high as 30,000.