ICC Registry: Medical officer cannot assess Duterte's fitness for trial

The medical officer of the International Criminal Court (ICC) is not authorized to assess former President Rodrigo Duterte's fitness for trial, the tribunal's Registry said in a recently published document.

In an 8-page document dated September 30, the ICC Registry said it "recalls" its previous observations that the medical officer (MO) "does not possess the requisite detained person's fitness to stand trial."

Duterte's camp previously cited the report of the MO, saying it corroborated the finding of their camp's intended expert neuropsychologist that Duterte has "cognitive impairment." 

However, the Registry stressed the limitations of the medical officer's functions.

"[I]n line with regulation 155 of the [Regulations of Registry], the MO's mandate is limited to oversight of the physical and mental health of detained persons," it said.

This stemmed from the Duterte camp's request with the ICC Pre-Trial Chamber I for indefinite adjournment on August 18, where his camp stated that the former president "is not fit to stand trial as a result of cognitive impairment."

In their submission of medical reports, the Duterte's defense team said the reports of medical officer corroborated the findings of their camp's intended expert neuropsychologist.

On August 26, the Pre-Trial Chamber directed the Registry to submit a report, which will include the assessment of the medical officer on the management of Duterte's health, whether he suffers from any condition which will affect his ability to take part in the proceedings, and whether any special measures are recommended to address his medical condition.

The defense team then requested the Chamber to reconsider its order.

After several exchanges, the Registry submitted a corrected version of a document that stated that the medical officer would be in the position to provide recommendations for the confirmation of charges hearing on matters such as the sitting schedule and/or the physical modalities based on Duterte's health.

The Registry added that the medical officer would also be qualified to submit a factual report to the Chamber on "all measures and arrangements [if any] put in place to provide [Mr. Duterte] with medical access and care."

According to the Registry, the medical officer recommended several modalities regarding Duterte's presence in court. Further details on this, however, were redacted in the court document.

"The MO will review the above-mentioned modalities daily during the confirmation of charges hearings. If any change is recommended, the MO will promptly inform the Registry which will transmit this information to the Chamber, parties and participants, [REDACTED]," it said. — VDV, GMA Integrated News