Rodrigo Duterte’s legal team is preparing to submit a fresh bid for the former Philippine president’s provisional release, signaling its next move only a day after the International Criminal Court (ICC) Appeals Chamber reaffirmed his continued detention.
Lawyer Nicholas Kaufman said the renewed application will be filed once Duterte completes a medical assessment scheduled in December. The plan comes on the heels of the Appeals Chamber’s Nov. 28 ruling, which left intact an earlier decision rejecting Duterte’s request for temporary liberty.
Kaufman argued that Duterte’s health will be a central element of the new filing. “The Defence awaits the results of the medical evaluation of the former President due next month and will reintroduce its request to release a man who is 80 years old and, as a result of debilitating physical and cognitive conditions, is incapable of flight or, as alleged, threats to witnesses,” he said.
The defense also pointed to procedural rules that allow periodic reassessment of ICC detentions. “Rule 118 of the ICC’s rules of procedure and evidence requires a Pre-Trial Chamber to review its decision to detain a suspect once every 120 days and, furthermore, to hold a hearing on the matter once a year,” Kaufman added.
The Appeals Chamber’s latest ruling cited the risk of interference with witnesses and uncertainty surrounding Duterte’s medical condition, leaving his camp to hinge its next effort on the outcome of the upcoming evaluation.
