ICC appoints new expert to check on Rodrigo Duterte's medical condition

The International Criminal Court (ICC) has appointed a new expert to join the panel that will check on the medical condition of former president Rodrigo Duterte to determine his fitness to stand trial.

At the same time, the ICC revoked the appointment of another panel member and restricted her access to documents about Duterte's case.

This was contained in the decision issued by the ICC Pre-Trial Chamber I on the defense's request for disqualification of the said expert, a public redacted version of which was uploaded on its website on Nov. 14. 

It may be recalled that in August, the defense told the ICC that Duterte, 80, lacked the capacity to apply the cognitive skills essential for the proper conduct of his defense and was "not fit to stand trial.”

The ICC then ordered a medical examination of 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 Registry submitted a list of experts on Sept. 15. The court appointed on Sept. 24 three experts — one neurologist, one forensic psychiatrist, and one neuropsychologist — to the panel who will check on Duterte.

However, on Sept. 25, the defense requested the court to revoke the appointment of one of the experts "in light of her active and ongoing suspension in [REDACTED] by her professional regulatory body and [REDACTED]."

The prosecution on Sept. 30 responded by also asking the ICC to revoke the appointment of one expert. The Office of Public Counsel for Victims (OPCV) also responded saying it ‘defers entirely to the Chamber’s discretion to resolve the matter, once further clarifications have been obtained from the Registry that might shed light on the issue raised by the Defense’.

The Registry then looked for other experts in neuropsychology and submitted a shortlist in October, and the defense, prosecution and OPCV submitted their reactions. The defense again requested the Pre-Trial Chamber to revoke the appointment of one of the experts "in light of her active and ongoing suspension in [REDACTED] by her professional regulatory body and [REDACTED]."

The ICC Registry investigated the concerns.

The ICC, after studying all the documents, ruled that: "the current situation of [REDACTED], and her failure to inform the Registry thereof, render the circumstances surrounding her assignment such that it is inappropriate and impossible to proceed with [REDACTED] remaining as a member of the Panel to undertake Mr Duterte’s medical examination. In addition, maintaining [REDACTED]’s appointment to the Panel would necessarily entail further litigation that would delay the process under rules 113 and 135 of the Rules, thereby preventing the expeditious resolution of the issue of Mr Duterte’s fitness."

"For these reasons, and without prejudice to any decision that may be taken by the competent authorities on [REDACTED]’s current situation, the Chamber hereby revokes [REDACTED]’s appointment and instructs the Registry to revoke her access to any documents she was already provided with, ensuring that no relevant information remains in her possession and reminding her that any information to which she has already had access is and remains confidential," the ICC said.

The court then appointed another expert in neuropsychology to replace the one whose appointment was revoked.

The new expert was not yet admitted to the Court’s List of Experts, so the Chamber instructed the Registry to expeditiously proceed with the expert's admission to the List of Experts by Oct. 24.

Reports due on Dec. 5

The ICC Pre-Trial Chamber I then extended the deadline for the Registry to file the joint or individual reports of the panel to December 5, 2025.

The defense, the prosecution and OPCV were given up to Dec. 12 to file their observations, if any, to the panel's reports.

Duterte was arrested in March for crimes against humanity for the drug killings during his term as Davao City mayor and president of the Philippines.

He has since been detained at the Hague Penitentiary Institution or the Scheveningen Prison while awaiting trial.

The extrajudicial killings during Duterte's term reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings. —KG, GMA Integrated News