THE Appeals Chamber of the International Criminal Court (ICC) has scheduled November 28 as the date for releasing its decision on former President Rodrigo Duterte’s appeal regarding the tribunal’s earlier denial of his request for interim release.
On September 26, the ICC Pre-Trial Chamber I rejected Duterte’s bid for temporary release as he faces charges of crimes against humanity, citing a perceived risk of flight and insufficient humanitarian grounds.
In the appeal filed on October 14, Duterte’s defense counsel, Nicholas Kaufman, argued that the former president is neither capable of fleeing nor inclined to do so, noting his age of 80, existing illnesses, and fragile health.
“Mr. Duterte has neither the desire nor capacity to flee or to return to a life of power or politics. He merely seeks interim release in a country where he can participate in the confirmation proceedings in a setting conducive to his proven weak state of mental and physical health,” the appeal stated.
Kaufman added that Duterte has agreed to the “most restrictive conditions for release ever proffered at the International Criminal Court,” asserting that legal and factual errors were made in the earlier ruling. The appeal seeks to overturn the “impugned decision” and allow Duterte’s immediate interim release to a State Party that has expressed willingness to receive him under the proposed conditions.
The Appeals Chamber is now set to determine whether to reverse the initial ruling and grant Duterte temporary release.
