ICC rejects Duterte bid for expert report on risk factors

The International Criminal Court (ICC) Pre-Trial Chamber I has denied the request of former President Rodrigo Duterte for an independent expert report on his risk factors under the Rome Statute.

In a 5-page decision dated January 7, the chamber noted that the panel of experts that Duterte’s camp is seeking a report from was appointed for the limited purpose of providing an independent assessment of Duterte’s fitness for trial.

“The Panel has fulfilled its mandate with the submission of the Panel’s Reports, which are available to the Defence and, should it wish to do so, can be referred to in its observations regarding the review of Mr Duterte’s detention,” it said.

“In these circumstances, the Chamber sees no reason to order the Panel to prepare any additional report that exceeds its mandate,” it added.

This came after Duterte’s camp requested that the panel prepare a report on the basis of existing medical findings, regarding Duterte’s capacity to actualize the risk factors set in Article 58(1)(b).

To recall, the ICC Pre-Trial Chamber I previously denied Duterte's request for interim release, finding that his continued detention was necessary under Article 58(1) of the Statute.

Meanwhile, the Pre-Trial Chamber noted that the legal determination whether the risks continue to exist should be made by the chamber.

“Considering that the observations of the parties and participants regarding the periodical review of the detention of Mr Duterte will be submitted by 9 January 2026, the Chamber finds that any additional expert report is neither appropriate nor necessary for its  djudication,” it said.

In March last year, the former Philippine leader was arrested at the Ninoy Aquino International Airport Terminal 3 for alleged crimes against humanity.

He is now detained at The Hague, Netherlands.

Government records show that there were at least 6,200 drug suspects killed in police operations from June 2016 to November 2021, but several human rights groups have refuted this and claim that the number may have reached as much as 30,000 due to unreported related killings. — RSJ, GMA Integrated News