The judges’ decision is expected on Friday, allowing for the ageing politician’s possible provisional freedom, a move that is fiercely opposed by human rights organizations and the families of his brutal drug addicts.
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After judges determined that he was likely to decline to go on trial and could use his freedom to intimidate witnesses, Duterte’s legal team is now challenging the court’s decision to keep him in custody in October.
Duterte, who served as mayor of a southern city before becoming president from 2016 to 2022, is accused of being a part of dozens of killings as part of his alleged drug war.
According to court documents, Duterte authorized and instructed “violent acts, including murder, to be carried out against alleged criminals, including alleged drug dealers and users.”
During Duterte’s presidency, there were various estimates of the death toll.
Human rights organizations claimed there were up to 30 000 killings, while national police estimated that there were more than 6 000.
Victims’ families praised Duterte’s arrest in March. He has been held in custody at The Hague for more than eight months.
Duterte’s attorneys claim that keeping him in custody while the trial is taking place is “cruel” and that he is “infirm and debilitated.” A pretrial hearing was postponed until a full medical evaluation could be conducted in September.
His attorneys claim that Duterte’s “cognitive faculties” have declined to the point where he is unable to assist his attorneys in filings.
However, those statements were refuted by family members who had visited him while he was being held in custody.
Vice President Sara Duterte’s daughter, Vice President Sara Duterte, had suggested that his supporters should march to his detention facility and perform a “jailbreak” in a separate visit.
Duterte will not be able to return to the Philippines, but he will be placed in another member state’s custody while the proceedings are raging.
Judges  rejected a challenge to their jurisdiction in the case last month.
Leading human rights advocate Kristina Conti, who represents victims’ families, in Manila, expressed 99 percent confidence that Duterte’s appeal will be rejected.
In a statement posted on social media, Conti stated, “There is compelling evidence that he [Duterte] should remain in jail.”
The defense is not contesting the fact that he committed crimes against humanity, according to the court. Physical and mental health are the two main components of the request, she continued.
There is no reason for the pre-trial chamber to reverse its decision in September and grant him interim release, Conti said, citing several other legal provisions.
In February 2018, ICC prosecutors made the announcement that a preliminary investigation into the violence committed during Duterte’s rule would be launched.
Duterte, who was still in office, announced a month later that the Philippines would no longer be a member of the ICC in a move that human rights activists claimed was intended to evade punishment.
Source: Aljazeera
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