On Friday, judges at the International Criminal Court (ICC) in The Hague denied a request from former Philippine President Rodrigo Duterte for release from detention. The court determined that there is a significant likelihood he would fail to return for trial and that his release could pose a risk of witness intimidation.
Duterte faces allegations of crimes against humanity in relation to the controversial anti-drug operations he led during his time in office, first as mayor of a southern city and subsequently as president.
His legal team argued for his release on the grounds of his declining health, stating that his condition is deteriorating while in the detention facility, The Associated Press reports. They emphasised that his cognitive abilities have diminished to a level that hampers his capacity to assist in his legal defence.
However, the panel of pre-trial judges issued a comprehensive 23-page decision rejecting the request. They noted that, as a former head of state, Duterte possesses significant political connections that could facilitate evasion of the judicial process if released. Furthermore, the judges expressed concerns regarding the potential for Duterte to interfere with the legal proceedings. They indicated that his release might represent a threat to potential witnesses, either directly or indirectly through his supporters.
According to a filing last month, ICC prosecutors claim Duterte instructed and authorised “violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users.”
In 2021, ICC initiated an inquiry into mass killings associated with the war on drugs overseen by Rodrigo Duterte, both during his tenure as mayor of Davao City and later as president of the Philippines. The estimated death toll during his presidency varies significantly, with national police reporting over 6,000 fatalities, while human rights organisations claim that the figure may reach as high as 30,000.
Duterte’s lawyer, Nick Kaufman, told The Associated Press the decision was “erroneous” and criticised keeping “a debilitated and cognitively impaired 80-year-old” in detention.
Rights organisations and the families of victims expressed their support for Duterte’s arrest in March. Karim Khan, the chief prosecutor of the court, said this development is “a crucial step in our ongoing efforts to ensure accountability for the victims of the most serious crimes under ICC jurisdiction.”
