ICC maintains Duterte detention, cites elevated flight risk
Former president Rodrigo Duterte will remain detained at The Hague after Trial Chamber III of the International Criminal Court upheld his continued detention due to, in part, an increased flight risk.
In a decision released on May 22, presiding Trial Chamber III judge Joanna Korner, with fellow judges Keebong Paek, and Nicolas Guillou, stated the Chamber saw no change in Duterte's circumstances that would warrant his interim release ahead of his trial. They affirmed that Duterte "shall continue to be detained."
According to the Chamber, they can order an interim release only if the defense team can demonstrate the detainee's changed circumstances "on a concrete basis," which Duterte's legal counsel failed to do so.
The judges determined the decision by Pre-Trial Chamber I to deny Duterte's temporary release still holds. After a mandated review, pre-trial judges upheld the former president's detention on Jan. 26, which was confirmed by the Appeals Chamber on March 6.
Citing previous reasons for maintaining Duterte's detention, the trial judges wrote they found no considerable changes.
Duterte continues to pose a flight risk because of "the will of his close family to help him elude detention and prosecution." The Chamber also cited the strength of Duterte's international connections, as well as sustained support within the Philippines, including access to resources.
In its previous decision, Pre-Trial Chamber I also found "a risk of interference with the investigation or proceedings, notably in light of Mr Duterte's and his associates' ability and means to obstruct the proceedings, as well as Mr Duterte's prior breaches of contact restrictions."
The confirmation of all three counts of murder as crimes against humanity against Duterte has heightened his flight risk, the Trial Chamber III noted. With the confirmation, the "accused may abscond," which is a factor that supports his continued detention.
Previously, Duterte's team argued that he was unfit for trial, citing his "frequent episodes of falls occasioned by a loss of balance." His legal counsel also maintained Duterte's faulty short-term memory.
However, the Chamber recalled three examinations conducted by court-appointed medical experts, all of whom found Duterte "an unreliable historian" regarding his own health. The experts concluded his mental capacity allowed him to understand the legal proceedings, which was proven by his ability to give instructions to his lawyer.
In addition, the Chamber noted Duterte's continued refusal to acknowledge the ICC's legal authority over him, recalling his refusal to attend his confirmation hearing and saying, "I do not recognise the jurisdiction of the International Criminal Court over my person."
"Such statement demonstrates at its lowest that the Accused will not comply with any orders that might be made in respect of a release from custody," the Chamber noted.
"The Chamber finds that, notwithstanding the Defence's submissions regarding the Accused's health condition, there is a real and substantial risk that the Accused could nonetheless abscond or obstruct justice either on his own or through his associates," the judges added.
