The defense team of former President Rodrigo Duterte will reintroduce its plea for his interim request once the result of his medical evaluation is released.
Duterte’s lawyer Nicholas Kaufman said the decision of the ICC Appeals Chamber to reject the interim release plea of Duterte, who is on trial for crimes against humanity during his bloody war on drugs, was to be expected.
“The ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes of humanity,” he said.
“The Defense 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 conditions and cognitive issues, is incapable of flight or, as alleged, threats to witnesses,” Kaufman added.
The determination of whether Duterte is fit to stand trial remains pending before the ICC Pre-Trial Chamber I.
The panel of doctors has until Dec. 5 to submit their medical evaluation while the parties have until Dec. 12 to submit their observations.
ICC Assistant to Counsel Kristina Conti said the decision may be firmed up early next year as the court will go on a break from Dec. 12 until Jan. 5, 2026.
“If the court says he is fit to stand trial, then they will set the confirmation of charges hearing, which we see at the earliest could be scheduled by February,” Conti said.
Meanwhile, the Supreme Court en banc has directed government officials to respond to a petition for a writ of habeas corpus seeking to secure Duterte’s release from ICC decision.
The ICC ordered the respondents to file their answer within 30 days, and for them to take into consideration if the present issue is already moot and whether a writ of habeas corpus must be issued.
“The parties are also directed to inform the Court of any developments that may be relevant to the instant case,” the SC added.
