Unfit for trial? ICC orders medical examination of Duterte

The International Criminal Court has ordered a medical examination of former President Rodrigo Duterte, who is detained in The Hague on charges of crimes against humanity for murder and attempted murder in connection with the deaths under his war on drugs when he was President and mayor of Davao City.

The ICC Pre-Trial Chamber 1 named a panel of three experts whom it ordered "to submit a report, jointly to the extent possible and as considered appropriate, to the Registry, which shall then file the joint or individual reports of the Panel by no later than 31 October 2025."

The defense, the prosecution, and the Office of Public Counsel for the Victims were ordered to file their comments on or before November 5.

"The Chamber emphasizes that the question of whether a suspect is fit to take part in the pre-trial proceedings is a question of law that falls exclusively within the remit of the Chamber’s legal determination," read the decision on the appointment of experts.

The ICC added that the fitness to stand trial did not depend, in and of itself, on whether the suspect has particular medical conditions, but rather on whether he or she is able to effectively exercise his or her procedural rights.

The tribunal, to properly adjudicate on any issues as to Duterte’s fitness, instructed the panel of experts to proceed with a medical examination and provide its assessment on the following issues:

• whether and, if so, at what level Mr Duterte suffers from any medical condition which might have an effect on his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing; and
•  whether any special measures or adjustments are recommended to address any medical condition of Mr Duterte, also in light of any prognosis, during the pre-trial proceedings, including the confirmation of charges hearing.

The experts whose names were redacted from the public version of the decision included:

• an expert in forensic psychiatry
• an expert in neuropsychology
• an expert in geriatric and behavioral psychology with experience in "the examination of an elderly person on fitness to participate in judicial proceedings."

Duterte's defense counsel, Nicholas Kaufman, requested the indefinite postponement of the court proceedings, saying the former president was "unfit for trial."

The ICC has postponed the hearing on the confirmation charges against Duterte scheduled on September 23, citing the defense's statement that he was “not fit to stand trial.”

Kaufman said Duterte is unable to recall events, places, timing, or even members of his close family

According to the public redacted version of the “Defence Request for an Indefinite Adjournment" released by the ICC on September 11, Kaufman said the 80-year-old Duterte lacked the capacity to apply the cognitive skills essential for the proper conduct of his defense.

"In fact, he is not even able to process the reasons for his detention," Kaufman said.

The ICC recently rejected the request of the Duterte camp to grant him interim release.

In a decision dated September 26, the ICC rejected defense counsel's request for interim release, saying Duterte's detention continued "to remain necessary under article 60(2) of the Statute based on each of the requirements set by article 58(1) of the Statute." 

Included in the decision was Duterte's contention against his arrest and detention, his family's demands that he should be brought back to the Philippines, and remarks by his daughter, Vice President Sara Duterte, on breaking the former president out of ICC detention. –NB, GMA Integrated News