FORMER President Rodrigo Duterte’s legal team has elevated its bid for his release to the International Criminal Court (ICC) Appeals Chamber, challenging an earlier ruling that kept him in pre-trial detention despite claims of worsening health.
In an appeal brief dated February 5, 2026, the defense, headed by lawyer Nicholas Kaufman, accused the ICC Pre-Trial Chamber of failing to properly evaluate new medical evidence that significantly alters the basis for Duterte’s continued detention.
The appeal argues that the lower chamber did not meaningfully reassess whether detention remains necessary, even as Duterte’s physical and neurological condition has allegedly deteriorated since the original ruling.
FPRRD’s recent health assessment
At the core of the appeal is the defense’s invocation of Article 60(3) of the Rome Statute, which requires the ICC to regularly review detention orders and modify them when relevant circumstances change.
The defense claims that a recent medical assessment conducted by an independent neurologist and neuropsychologist constitutes such a change. Findings submitted to the Appeals Chamber reportedly point to serious cognitive and neurological impairments, particularly affecting Duterte’s executive functioning, judgment, and ability to make decisions.
According to the defense, these impairments combined with Duterte’s advanced age and overall physical condition negate the prosecution’s claims that he poses a risk of absconding, influencing witnesses, disrupting proceedings, or engaging in further criminal conduct if released under court-imposed conditions.
Scrutiny on evidence handling
The appeal also raises concerns over what the defense described as an uneven treatment of evidence by the Pre-Trial Chamber. Specifically, the defense questioned why medical findings submitted by Duterte’s legal team were rejected, while reports prepared by a court-appointed medical panel were accepted without similar scrutiny.
The defense argues that this approach violates the principle of “equality of arms,” which requires balanced consideration of submissions from both parties. The brief asserts that ICC practice calls for evidence to be weighed based on its relevance and credibility, not on who presents it.
By excluding the defense’s medical report from consideration, the chamber allegedly reduced the detention review process to a procedural formality rather than a substantive reassessment, the filing said.
The defense further maintained that Duterte’s health is the only factor in the case that continues to evolve, while the nature and gravity of the charges remain unchanged, making a reassessment of detention not only appropriate but legally necessary.
Push for conditional release
In seeking relief, the defense asked the Appeals Chamber to overturn the Pre-Trial Chamber’s decision and order Duterte’s immediate conditional release to a cooperating State Party, subject to safeguards deemed necessary by the Court.
The appeal warns that prolonged detention amid declining health could undermine the integrity of the proceedings and strain judicial resources, particularly if Duterte becomes unable to meaningfully participate in his own defense.
“No consideration was given by the Pre-Trial Chamber to the fact that, given his age and vascular risk profile, Mr Duterte’s memory will continue to depreciate just as the need for recollection and mental acuity sharply increases. This failure, and the subsequent finding of fitness, has not only polluted the fairness of the present proceedings, but is also an injudicious use of resources should Mr. Duterte prove, as the Defence anticipates, unable to participate in his own trial,” explained in the document. DEF