Defense to ICC: Duterte's failing health negates ‘flight risk’

Defense lawyers for former President Rodrigo Duterte have asked the judges of the International Criminal Court (ICC) to order the issuance of an independent medical report to prove that the former Philippine president's deteriorating health makes him physically incapable of fleeing or obstructing justice.

Lead defense counsel Nicholas Kaufman filed the motion, arguing that Duterte’s "frail" and "infirm" state has effectively neutralized the risks typically used to justify pre-trial detention.

"The Pre-Trial Chamber is requested to order the [Medical] Panel to issue a report focusing on whether Mr. Duterte's current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes," the eight-page document read in part.

The motion was contained in an "urgent" filing by the defense panel titled "Defence Request for an Expert Report on Article 58(1)(b) Risk Factors," which Duterte's lawyers filed on Friday.

Duterte, 80, has been held at the United Nations Detention Unit in The Hague since March 2025, following his arrest in Manila on charges of crimes against humanity related to the government's "war on drugs."

The defense wants the ICC to immediately order the medical panel to evaluate Duterte's ability to "actualize risk factors" and to schedule a hearing regarding his potential release.

Under Article 58 of the Rome Statute, the ICC may detain a suspect if there is a risk they will flee, intimidate witnesses, or continue to commit crimes. The defense argues these factors are no longer applicable due to Duterte’s physical and cognitive decline.

To support its motion, the defense pointed to Duterte’s "unexplained weight loss" and a "total loss of appetite," noting that he now requires constant assistance for daily activities.

They argue that these conditions create a "natural" barrier to the risks alleged by the prosecution.

The request comes as the court approaches a mandatory 120-day review of Duterte’s detention, due by January 9, 2026.

Kaufman requested that the medical report be completed on an "urgent basis" to inform this review.

The filing also criticized the court for repeatedly denying requests for a "status conference," where judges could observe Duterte’s condition in person.

It argued that since Duterte has now been in custody for nearly a year, a formal oral hearing is legally required under the court's rules.

"The Chamber must revert to the ruling on detention to determine whether there has been a change in the circumstances," the defense noted, insisting that a written review is no longer sufficient given the "gravity of the situation."

The ICC Prosecution has previously been skeptical of defense medical claims, leading the defense to seek this "impartial" assessment from the court-appointed "Panel of Experts."

The case remains in the pre-trial stage. A confirmation of charges hearing, originally set for September 2025, was postponed indefinitely following earlier defense claims that Duterte was unfit to stand trial.

If the Pre-Trial Chamber grants the request, the medical experts' findings could play a decisive role in whether the former president is allowed to leave detention for house arrest or conditional release while the case proceeds.—MCG, GMA Integrated News