ICC denies Duterte bid to disclose Registry, expert panel communications

The International Criminal Court (ICC) has denied former President Rodrigo Duterte’s request for the disclosure of the communication between the ICC Registry and the panel of experts assessing his fitness to stand trial.

In a five-page document dated December 23, the ICC Pre-Trial Chamber I said this is not warranted as Duterte’s defense team already has all the necessary information regarding the Registry’s interactions with the experts.

It said these are contained in the Registry’s Transmission as well as the annexed Panel’s Reports.

“In particular, the Chamber notes that, in the Panel’s Reports, the Experts consistently refer to the Chamber’s instructions and relevant materials that have guided them in the preparation of their reports,” the ICC said.

“Further, recalling that the Registry is a neutral organ of the Court, whose main role in the present case was to liaise with the Experts to transmit the Chamber’s instructions, the Chamber considers that, without further substantiation from the defense, the disclosure of all communication between the Registry and the three experts is not warranted,” it added.

Aside from this, the Chamber stressed that it already gave instructions regarding the documents that shall be provided by the Registry to the panel, saying that the defense has full access to these.

“Absent any indication that the Registry did not comply with these instructions, the Chamber considers that the defense is already fully aware of the materials transmitted to the Panel,” it said.

The appeal stemmed from the Duterte camp’s request for indefinite adjournment filed in August 2025, in which his camp stated that he “is not fit to stand trial as a result of cognitive impairment.”

This led the chamber to order a medical examination for Duterte, who is currently detained at the Hague Penitentiary Institution.

In requesting for an indefinite adjournment of Duterte’s confirmation of charges hearing, his camp previously said Duterte is unable to recall events, places, timing, or even members of his close family.

However, the ICC Office of the Prosecutor argued that a panel of experts previously found that Duterte is able to fully engage and participate in the proceedings against him.

Meanwhile, the Office of Public Counsel for Victims (OPCV) asked the ICC to rule on Duterte’s fitness. The OPCV also requested the court to set the date for the confirmation of charges hearing “without further delay” in light of the drug war victims’ right to a speedy trial.

Earlier, the ICC Prosecutor charged the former President with 49 incidents of murder and attempted murder during his time as mayor of Davao City and as President of the Philippines, “although the actual scale of victimization during the charged period was significantly greater.”

Based on government records, around 6,200 drug suspects were killed during the Duterte administration’s anti-drug operations. Human rights organizations said the number may reach 30,000 due to the unreported related slays. — JMA, GMA Integrated News