Prosecutor urges ICC to deny Duterte appeal

The Office of the Prosecutor of the International Criminal Court (ICC) has asked the Appeals Chamber to reject former President Rodrigo Duterte’s appeal seeking interim release, arguing that his defense failed to show any legal or factual errors in the earlier ruling that ordered his continued detention.

In a public redacted response dated 21 October but released on 31 October, the prosecution said the Pre-Trial Chamber’s decision was both “reasonable and correct.”

“Mr. Duterte’s three grounds of appeal fail to establish any legal or factual error,” the prosecution wrote. “Instead, the defense merely disagrees with the decision, mischaracterizes the Chamber’s reasoning, and misunderstands the applicable law. The appeal should therefore be dismissed.”

Earlier, on 26 October, the Pre-Trial Chamber denied Duterte’s request for interim release under Article 60(2) of the Rome Statute, citing three main reasons for his continued detention:

1. To ensure his appearance at trial;

2. To prevent him from obstructing or endangering the investigation or court proceedings; and

3. To ensure he does not continue committing crimes.

The prosecution reiterated its call for the Appeals Chamber to “dismiss the appeal and affirm the decision.”

It also pushed back strongly against claims from Duterte’s legal team that the Pre-Trial Chamber had made a “predetermined decision” to detain him.

“The Prosecution rejects, in the strongest terms, the Defense’s baseless and offensive statement that the Chamber had made a predetermined decision to detain Mr. Duterte,” the document said.

The filing added that Duterte’s defense counsel had made similar remarks in the media, implying that his continued detention was due to the ICC’s limited caseload — comments the prosecution described as “especially troubling.”

Duterte is facing charges of crimes against humanity before the ICC, related to the alleged extrajudicial killings of suspected drug dealers and users during his administration’s controversial anti-drug campaign.