Former President Rodrigo Duterte is set to face the judges of the International Criminal Court, who will rule on whether he should be temporarily released or remain in the court’s custody.

The scheduling order dated 20 November and signed by Presiding Judge Luz del Carmen Ibáñez Carranza showed that the decision on the defense’s petition will be delivered in open court on Friday, 28 November, at 10:30 a.m. (Central European time).

The proceedings will be livestreamed on the ICC’s official website.

Duterte’s lawyer, Nicholas Kaufman, has repeatedly sought his client’s interim release pending the confirmation of murder charges for crimes against humanity since June, citing his advanced age and supposed debilitated health.

The 80-year-old Duterte has been detained at Scheveningen Prison in The Hague since his arrest on 11 March in Manila on the ICC’s order.

Cognitive deficiency

The prosecution slapped Duterte with three counts of murder for crimes against humanity over the killings recorded between 1 November 2011 and 16 March 2019, spanning his time as Davao City mayor and as president.

Duterte is allegedly suffering from cognitive deficiencies, making him unable to contribute to his own defense and rendering his participation in the proceedings totally ineffective, according to his lawyers.

As a result, Kaufman has insisted that Duterte is “unfit” to stand trial and that all court proceedings must be indefinitely paused, including the confirmation of charges hearing, that was initially scheduled for 23 September.

An application for interim release pending trial is permitted by the ICC, though there are conditions that need to be met by the appellant.

This includes the pre-trial detainee not being a flight risk, he won’t obstruct the ongoing investigation, or is at risk of recommitting the crimes he is accused of.

However, ICC prosecutors and the legal team representing victims of Duterte’s bloody drug war have vigorously opposed any attempts by the defense to have the former president released from detention, arguing that keeping him at the ICC is necessary because he poses a threat to witnesses in his case.