Duterte camp appeals ruling on continued detention, seeks immediate release

The legal team of former President Rodrigo Duterte has submitted an appeal on the ruling of the Pre-Trial Chamber 1 on the pre-detention of the former Philippine leader and sought his immediate release.

"The Pre-Trial Chamber 1 committed substantial errors in fact and of law when it declined to consider a joint medical report ("Medical Report") prepared by a leading neurologist of national standing and and a neuropsychologist ("Experts")," said lead counsel Nicholas Kaufman in the brief submitted on February 5, 2026.

The experts, the team said, "found Duterte incapable of planning or sequencing his daily activity, let along capable of organising and executing a complex getaway while under strict supervision."

"The Medical Report detailed Mr. Duterte's lack of executive functioning, sustained planning capacity, and rapid decision-making - to say nothing of his enfeebled physical state - that would make it impossible for him to evade custody," Kaufman said.

Duterte, the team added, is "incapable of exercising the sustained attention, initiative and organisational capacity necessary to endanger legal proceedings or to commit further similar crimes."

Duterte is facing crimes against humanity charges before the ICC for murder and attempted murder in connection with the deaths under his war on drugs when he was President and mayor of Davao City.

He is detained at the penitentiary in The Hague.

The appeals brief was filed in compliance with the order of the Appeals Chamber of the International Criminal Court.

“The Defense for Mr Rodrigo Roa Duterte shall file an appeal brief in the above-mentioned appeal not exceeding 20 pages by Thursday, 5 February 2026,” the appeals chamber said in an order dated Jan. 29.

Meanwhile, the Deputy Prosecutor and the Legal Representatives of the Victims may file an appeal brief not exceeding 20 pages by Thursday, 12 February 2026.

On January 26, the Pre-Trial Chamber I found that there are still reasonable grounds to believe that Duterte has committed crimes within the court’s jurisdiction. 

On the same day, the Chamber also found that Duterte was fit to take part in the pre-trial proceedings in the crimes against humanity charges over the deaths blamed on his war on drugs when he was President and mayor of Davao City.

The ICC also denied his request for indefinite adjournment.

It scheduled the commencement of the confirmation of charges hearing on February 23, 2026. — BAP, GMA Integrated News