The Office of the Prosecutor (OTP) at the International Criminal Court (ICC) has urged the Appeals Chamber to dismiss former Philippine President Rodrigo Duterte’s appeal for temporary release, stating that his defense failed to prove any legal or factual errors in the earlier decision to keep him in custody.
In its latest response—a public redacted version of a filing submitted on October 31—the prosecution defended the September 26 ruling by Pre-Trial Chamber I, which denied Duterte’s request for interim release under the Rome Statute.
The chamber previously ruled that Duterte’s detention remains necessary to ensure three key objectives.
• To ensure his appearance at trial
• To ensure he does not obstruct or endanger the investigation or court proceedings
• To ensure he does not continue with the commission of crimes alleged
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According to the prosecution, Duterte’s appeal largely reflects “disagreement” with the ruling rather than identifying any genuine judicial error. It said the defense “misstates and misunderstands the applicable law.”
Potential risks
A central part of the ICC prosecution’s argument focuses on the risk that Duterte could flee or obstruct justice if released.
The OTP stressed that the Chamber correctly assessed that detention “appears necessary” in light of the potential risks, rejecting Duterte’s defense claims that these risks were merely “hypothetical.”
Prosecutors also pointed to Duterte’s political influence and network of loyal supporters, including his daughter, Philippine Vice-President Sara Duterte, and his recent election as mayor of Davao City, as indicators of his ability to mobilize support or evade justice.
“Similarly, the Appeals Chamber has noted that ‘access to international contacts could provide the means to enable a suspect to abscond, whether or not there was evidence that the suspect would actually utilize such contacts.'”
The OTP also defended the use of public information—including media reports and NGO findings—to support its case, saying such sources are routinely accepted in ICC proceedings when assessing the necessity of detention.
“It is both rational and—as the Court’s jurisprudence demonstrates—uncontroversial to conclude that the risk of an accused absconding increases with the severity of the punishment they face and the confirmation of charges against them,” it also said.
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The OTP also pushed back against Duterte’s claim that his health justified release, saying his medical arguments were “insufficient.”
The chamber had already ruled that his alleged ailments did not outweigh the risks posed by his potential release.
While acknowledging that health concerns can influence judicial discretion, the OTP said there was no evidence suggesting that detention posed serious harm to Duterte’s wellbeing.
“The issue of Mr. Duterte’s fitness has yet to be evaluated and the Prosecution does not accept that there is any basis to conclude that Mr. Duterte is not fit to stand trial,” it said, adding it is unclear what legal standards or thresholds the defense used in its assessment.
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