LAWYERS for former president Rodrigo Duterte filed a notice of appeal before the International Criminal Court (ICC) Appeals Chamber that seeks to overturn a decision by Pre-Trial Chamber I that kept him in detention pending confirmation of charges.
The six-page filing dated Jan. 28 appeals the Jan. 26 ruling that reviewed Duterte’s detention, arguing that judges committed errors of fact and law by refusing to consider a medical report submitted by defense experts.
The appeal was lodged under Article 82(1)(b) of the Rome Statute, which allows either party to challenge decisions granting or denying release of an accused. The lawyers said the ruling failed to take into account a joint report by a neurologist and a neuropsychologist detailing Duterte’s alleged deteriorating health and cognitive condition.
According to the filing, the medical report constituted a “new fact” that should have been assessed in the periodic review of detention under Article 60(3) of the Rome Statute.
The defense team said the chamber was obliged to evaluate whether changed circumstances affected the necessity of Duterte’s continued detention.
The pretrial judges had earlier ruled that they would not rely on medical reports provided by a party to the proceedings, and would also not consider the defense’s interpretation of such evidence, citing lack of impartial expertise.
The lawyers argued that the outright rejection of the report violated Duterte’s right to a fair hearing.
They asked the Appeals Chamber to reverse the pretrial ruling and order Duterte’s immediate interim release, subject to conditions previously proposed by a state party.
The Appeals Chamber is expected to issue procedural directions within two days of the filing, including whether the matter will proceed through written submissions or a hearing.
The ex-president’s daughter, Vice President Sara Duterte, said he will retain his legal team despite its failure to secure an indefinite adjournment.
“He said he will not change it,” the vice president said in Filipino in an interview on Wednesday in The Hague, Netherlands.
In March last year, Duterte was flown to The Hague following his arrest in Manila based on a warrant from the ICC.