The Office of the Prosecutor of the International Criminal Court (ICC) has urged the Appeals Chamber to affirm the ruling that denied former Philippine President Rodrigo Duterte’s request for temporary release, stressing that the decision was both “reasonable and correct.”
In a 20-page redacted document dated October 31, prosecutors argued that the pre-trial chamber’s decision to maintain Duterte’s detention was justified and not based on any “hypothetical and non-specific” risks, as claimed by the defense.
“The Decision is reasonable and correct. Mr. Duterte’s three grounds of appeal (the ‘Appeal’) fail to establish any legal or factual error. Rather, the Defence repeatedly expresses its mere disagreement with the Decision, mischaracterises and ignores the Chamber’s reasoning, and misstates and misunderstands the applicable law,” the prosecution stated.
“The Appeal should therefore be dismissed,” it added.
On September 26, the Pre-Trial Chamber I had rejected Duterte’s bid for provisional release, ruling that his continued detention was warranted. The Chamber found reasonable grounds to believe that Duterte committed crimes within the ICC’s jurisdiction. It further held that detention remains necessary to ensure his appearance during trial, prevent interference in the investigation, and deter possible continuation of criminal acts.
In its filing, the prosecution maintained that the defense merely expressed disagreement with the chamber’s findings instead of identifying any actual legal or procedural errors.
The document also cited the Chamber’s earlier observation that Duterte’s recent election as Mayor of Davao City reflects his “continued support in the Philippines,” rejecting the defense’s argument that such political influence was purely theoretical.
“The Defence’s submission that the Appeals Chamber should ‘curb the formulaic reliance’ on the ‘hypothetical’ ‘network of supporters’ construct is unconvincing given the significant examples relied upon by the Chamber. This includes the fact that as a result of his position as the former President of the Philippines, a position he held for six years, Mr. Duterte has political contacts and has maintained a network of support within the country, including his daughter who is currently serves as the Vice President,” the prosecution said.
The prosecutors also rebuked the defense team for its “baseless and offensive” remarks implying that Duterte’s detention was predetermined.
“The Prosecution takes this opportunity to reject, in the strongest terms, the Defence’s baseless and offensive statement that the Pre-Trial Chamber had made a ‘predetermined decision to detain Mr Duterte,’” it stated.
They further cited concerns over the defense counsel’s recent media comments, which suggested that Duterte’s continued detention was ordered because “there was only ‘one active first instance case in its docket.’”
“The Prosecution considers these comments to be specifically troubling,” the document noted.
Prosecutors concluded by reiterating their call for the Appeals Chamber to dismiss the appeal in full, affirming that the pre-trial chamber’s decision to keep Duterte detained was justified under ICC law and procedure.