Former President Rodrigo Duterte will remain in detention after the International Criminal Court (ICC) Appeals Chamber rejected his bid to overturn a ruling that denied his request for interim release in connection with a crimes against humanity case.

In a decision issued by the ICC Appeals Chamber, judges dismissed the appeal filed by Duterte’s defense team challenging the earlier ruling of the court’s International Criminal Court Pre-Trial Chamber, which had refused to reconsider his detention.

The defense argued that the Pre-Trial Chamber erred when it disregarded a medical report submitted by its own experts regarding Duterte’s neurological condition.

According to the defense, the report constituted a “new fact” that warranted a review of the former president’s detention and that the chamber’s refusal to consider it violated Duterte’s right to a reasoned decision and to a fair trial.

However, the Appeals Chamber said the defense had not raised this argument during the earlier proceedings before the Pre-Trial Chamber, which had relied instead on findings from an independent panel of medical experts appointed by the court to evaluate Duterte’s condition.

Because the issue was raised only at the appellate stage, the chamber said reviewing it would go beyond the scope of appellate review.

“There is no specific finding of the Pre-Trial Chamber to review in this regard,” the Appeals Chamber said.

The judges also rejected the defense’s claim that the report from its experts constituted new evidence or a change in circumstances that would justify reconsidering Duterte’s detention.

The chamber noted observations from the prosecution and counsel representing victims that the defense report did not contain new medical information because the experts had not conducted a fresh examination of Duterte.

It also said the defense failed to explain how the report could provide more reliable or updated information than the findings of the court-appointed medical panel.

The Appeals Chamber further ruled that the Pre-Trial Chamber did not err in relying primarily on the independent panel’s report, describing it as the “most updated and reliable information” available on Duterte’s health.

It added that the Pre-Trial Chamber was not required to evaluate the substance of expert reports submitted by the defense, stressing that assessing detention risks is a legal determination that does not necessarily require medical practitioners’ input.

Judges also dismissed claims that the proceedings were unfair, noting that all parties had the opportunity to comment on the panel of experts and submit observations about Duterte’s condition. Reports from defense medical experts were also made available to the independent panel.

“Having rejected or dismissed all of the Defence’s arguments, the Appeals Chamber rejects the Defence’s ground of appeal in its entirety,” the decision said.