The legal team of former President Rody Duterte has filed a notice before the International Criminal Court Appeals Chamber seeking to reverse a ruling that allows his continued detention.
In a six-page filing dated January 28, Duterte’s lawyers asked for his immediate interim release under conditions that may be provided by a state party. The defense argued that ICC Pre-Trial Chamber I committed errors of law and fact when it upheld the necessity of keeping him in custody.
The filing focused on a medical report submitted by Duterte’s camp, which they said was not considered by the chamber. According to the defense, the report speaks directly to Duterte’s deteriorating health and compromised cognitive condition, factors they said should have been taken into account during the court’s periodic review of his detention.
The lawyers further argued that by refusing to consider the report, the Pre-Trial Chamber failed in its duty to assess whether there were changed circumstances that could affect the necessity of continued detention.
The appeal follows a ruling issued on January 26, when Pre-Trial Chamber I found that there were still reasonable grounds to believe Duterte committed crimes within the court’s jurisdiction. On the same day, the chamber also ruled that Duterte was fit to take part in the pre-trial proceedings related to crimes against humanity charges over deaths linked to the anti-drug campaign carried out during his time as president and earlier as mayor of Davao City.
The ICC also denied Duterte’s request for an indefinite adjournment. It scheduled the start of the confirmation of charges hearing for February 23, 2026.
Based on government records cited in the report, around 6,200 drug suspects were killed during the Duterte administration’s anti-drug operations. Human rights organizations, however, say the number may reach as high as 30,000 due to unreported related killings.
