ICC trial start hinges on determination of Duterte's fitness

The defense team of former President Rodrigo Duterte requested that he be examined by independent experts for his trial before the International Criminal Court (ICC) in relation to his crimes against humanity case.

In a 14-page document dated May 15, the defense said that the commencement of the trial is “contingent upon a determination of Mr Duterte’s fitness.”

"The Defence intends to request that Mr Duterte be examined by independent experts for the purposes of the trial phase and that the experts responsible for those assessments be examined before the Court," the defense team said.

"The Defence further requests that, should proceedings continue, the Trial Chamber establish a mechanism for periodic review of Mr Duterte’s fitness throughout the trial phase."

The defence noted that its expert neurologist diagnosed Duterte with something that affects his multiple domains, including his memory and complex reasoning.

“That diagnosis was not excluded by the Court-appointed neurologist, who likewise did not dispute the progressive nature of Mr Duterte’s condition. The Defence expert further concluded that Mr Duterte’s condition was unlikely to improve, even with medical or psychiatric treatment,” the document read.

“Any significant impairment affecting memory, concentration, or reasoning would seriously prejudice the preparation and presentation of the Defence and undermine Mr Duterte’s ability to participate meaningfully in the proceedings,” the defense team added.

The defense also requested, if necessary, to "convene a further status conference as to whether his continuous physical presence at trial hearings would be required."

“In light of Mr Duterte’s advanced age and medical condition, any requirement that he attend hearings in person would likely necessitate significant health-related accommodations, with potential implications for the expeditious conduct of the proceedings,” the document further read.

Further, the defense team said that should Duterte be found fit to stand trial, they will require sufficient time to prepare their case.

“By way of comparison, the period between the decision confirming the charges and the commencement of trial was approximately 14 months in Yekatom and Ngaïssona; 15 months in Ntaganda; 17 months in Bemba; and 19 months in Gbagbo and Blé Goudém,” they said.

“In any event, the Defence will require a meaningful period following the Prosecution’s provision of its final witness list, final list of evidence, and the disclosure of all items on which it intends to rely on at trial or that are necessary for the preparation of the Defence pursuant to Article 67(2) and Rule 77.”

The ICC earlier proposed to begin the trial on November 30, adding that it expects to complete all of the necessary pre-trial steps by September 30.

Duterte’s defence also requested the Trial Chamber to set a deadline for the receipt of applications to participate on September 30, 2026.

“Otherwise, the Defence recalls that victim application forms are administrative in nature and do not constitute prior statements, testimony, transcripts, or other documented evidence of [such] testimony’. Should the CLRVs intend to rely on such material during trial proceedings, the Defence respectfully submits that unredacted versions thereof should be disclosed to the parties,” the document read.

The defence team also proposed the adoption of an admissibility-based regime for the reception of evidence in the present proceedings.

“The admissibility-based regime avoids overburdening the record with material of questionable relevance or limited probative value, while providing greater clarity regarding the evidentiary basis upon which the Chamber may rely at trial and in its judgment,” it said.

Peter Haynes was earlier appointed as Duterte’s new counsel before the ICC, replacing Nicholas Kaufman. —LDF, GMA News