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Advocates Philippines
Medical Panel Says Duterte Fit For ICC Pre-Trial
Photo credit: ICC
Former president Rodrigo Duterte is medically fit to take part in the pre-trial proceedings of the International Criminal Court (ICC), according to findings by an independent panel of medical experts cited in recent court filings.
Despite differing interpretations of the report, both the ICC prosecution and Duterte’s legal team acknowledged that the panel concluded the former president is “competent for the purpose of the pre-trial proceedings.”
In a nine-page observation released on Thursday, ICC Deputy Prosecutor Mame Mandiaye Niang urged the ICC Pre-Trial Chamber I to allow the proceedings to move forward, saying Duterte is capable of actively participating in his defense.
Niang wrote that Duterte is “capable of meaningfully exercising his procedural and fair trial rights, and that he is fit to participate in the pre-trial proceedings, including the confirmation hearing.”
“Upon completion of their assessments, Panel members individually reached the same overall conclusion that, while frail and elderly, Mr. Duterte nevertheless possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights,” Niang added.
According to the deputy prosecutor, the medical experts found that Duterte can understand the charges and evidence against him, grasp the purpose and possible consequences of the pre-trial proceedings, and properly instruct his lawyer in preparing his defense. Niang also pushed for the resumption of the case following the assessment.
However, Duterte’s lawyer, Nicholas Kaufman, disputed the weight of the panel’s findings. In a separate 12-page observation, Kaufman argued that the joint report “cannot be [deemed as] dispositive,” claiming that the experts used differing methods that led to conflicting conclusions.
“Such internal inconsistencies undermine the overall weight of the general joint conclusion on fitness. Before rendering a decision on the matter, the Pre-Trial Chamber must seek further clarification,” Kaufman said.
He also called for an “evidentiary hearing” to allow both parties to examine the experts’ conclusions, their reasoning, and the methodology used during Duterte’s medical interviews.
The ICC Pre-Trial Chamber I has yet to rule on Duterte’s request to suspend the proceedings, which he filed on the grounds of alleged cognitive decline that he claims renders him unfit to stand trial. The three-member medical panel was formed by the pre-trial judges to independently assess his health condition.
Despite differing interpretations of the report, both the ICC prosecution and Duterte’s legal team acknowledged that the panel concluded the former president is “competent for the purpose of the pre-trial proceedings.”
In a nine-page observation released on Thursday, ICC Deputy Prosecutor Mame Mandiaye Niang urged the ICC Pre-Trial Chamber I to allow the proceedings to move forward, saying Duterte is capable of actively participating in his defense.
Niang wrote that Duterte is “capable of meaningfully exercising his procedural and fair trial rights, and that he is fit to participate in the pre-trial proceedings, including the confirmation hearing.”
“Upon completion of their assessments, Panel members individually reached the same overall conclusion that, while frail and elderly, Mr. Duterte nevertheless possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights,” Niang added.
According to the deputy prosecutor, the medical experts found that Duterte can understand the charges and evidence against him, grasp the purpose and possible consequences of the pre-trial proceedings, and properly instruct his lawyer in preparing his defense. Niang also pushed for the resumption of the case following the assessment.
However, Duterte’s lawyer, Nicholas Kaufman, disputed the weight of the panel’s findings. In a separate 12-page observation, Kaufman argued that the joint report “cannot be [deemed as] dispositive,” claiming that the experts used differing methods that led to conflicting conclusions.
“Such internal inconsistencies undermine the overall weight of the general joint conclusion on fitness. Before rendering a decision on the matter, the Pre-Trial Chamber must seek further clarification,” Kaufman said.
He also called for an “evidentiary hearing” to allow both parties to examine the experts’ conclusions, their reasoning, and the methodology used during Duterte’s medical interviews.
The ICC Pre-Trial Chamber I has yet to rule on Duterte’s request to suspend the proceedings, which he filed on the grounds of alleged cognitive decline that he claims renders him unfit to stand trial. The three-member medical panel was formed by the pre-trial judges to independently assess his health condition.
Dec 19, 2025
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