A PANEL of independent medical experts convened by the International Criminal Court (ICC) has concluded that former Philippine President Rodrigo Duterte is able to fully engage in and participate in the pre-trial proceedings, including the forthcoming confirmation of charges hearing against him.
According to observations submitted by ICC Deputy Prosecutor Mame Mandiaye Niang, the panel’s independent assessments found that:
Although Duterte is elderly and physically frail, he retains the ability to understand the nature of the charges against him and the evidence presented.
He is capable of comprehending the conduct, purpose, and possible consequences of the ICC’s proceedings.
He can meaningfully instruct his counsel, contributing to the preparation and conduct of his defense throughout the pre-trial phase.
On this basis, the experts unanimously concluded that Duterte is capable of fully engaging in the proceedings before the ICC.
In formal filings to the court, Niang urged the ICC Pre-Trial Chamber to rely on the panel’s unanimous conclusions and determine that Duterte is fit to stand trial and participate meaningfully in the pre-trial process.
“In the Prosecution’s view, it strongly appears that Mr. Duterte is feigning cognitive impairments in an attempt to avoid a trial on the merits,” he said.
Prosecutors argued that the expert assessments meet the relevant legal standards for procedural capacity and should enable the ICC to resume key pre-trial activities, including scheduling the confirmation of charges hearing.
Following the release of the medical findings, the Office of Public Counsel for Victims (OPCV) also submitted its own observations, noting that “there exist no obstacles” to Duterte’s meaningful exercise of his procedural rights and urging the court to set a date for the confirmation hearing without further delay.
Under a directive from ICC Pre-Trial Chamber I, a multidisciplinary medical panel comprising specialists in fields such as forensic psychiatry, neuropsychology, and geriatric behavioral neurology evaluated Duterte’s physical and mental condition to determine whether he possesses the capacities necessary to exercise his procedural and fair trial rights.
Duterte’s legal counsel, Nicholas Kaufman, acknowledged that the experts considered Duterte competent for the purpose of pre-trial participation but argued that methodological inconsistencies in how the panel reached its conclusions undermine the reliability of their joint finding.
Kaufman asked the court to conduct an evidentiary hearing to clarify these issues and to review how the assessments were carried out.
With the medical panel’s report now acknowledged in procedural filings, the Pre-Trial Chamber judges will weigh these expert conclusions alongside legal submissions from the prosecution, defense, and victims’ representatives before issuing a formal ruling on Duterte’s fitness.
The ruling is expected to shape the scheduling and conduct of the next major procedural milestone in the case, the confirmation of charges hearing, at which the court will assess whether there is sufficient evidence to proceed to a full trial.
On November 28, the ICC Appeals Chamber confirmed the rejection of Duterte’s request for interim release, reiterating that his continued detention is necessary to ensure his appearance at trial. (TPM/SunStar Philippines)