THE HAGUE: Former Philippine President Rodrigo Duterte could be freed from detention at the International Criminal Court on Friday, as appeals judges are set to rule on a request to release him while proceedings against him are ongoing on charges of crimes against humanity.

Duterte’s legal team is appealing an October decision to keep the octogenarian in custody after judges found that he was likely to refuse to return for trial and could use his freedom to intimidate witnesses.

Prosecutors at the ICC say Duterte was involved in dozens of killings as part of his so-called war on drugs when in office, first as the mayor of a southern city and later as president. According to court filings, he instructed and authorized “violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users.”

Estimates of the death toll during Duterte’s presidential term vary. National police put the figure at more than 6,000, while human rights groups claimed up to 30,000. Families of victims hailed Duterte’s arrest in March.

Duterte’s lawyers say he is “infirm and debilitated” and that it is “cruel” to keep him in custody during the trial. In September the court postponed a pretrial hearing until a full medical assessment could be made. According to defense filings, Duterte’s “cognitive faculties” have declined to a level that he cannot assist his lawyers.