International Criminal Court orders medical exam to determine Rodrigo Duterte’s fitness for trial


- File photo

MANILA: The International Criminal Court has ordered a medical examination of former President Rodrigo Duterte to determine whether he is fit to stand trial for alleged crimes against humanity linked to killings committed while he was in power.

In a decision released Thursday (Oct 16), Pre-Trial Chamber I of the ICC appointed a three-member panel of medical experts to assess Duterte’s condition “for the purpose of undertaking a medical examination pursuant to rules 113 and 135 of the Rules of Procedure and Evidence.”

The panel will include specialists in forensic psychiatry, neuropsychology, and geriatric or behavioural neurology, according to the nine-page public redacted decision.

“The question of whether a suspect is fit to take part in the pre-trial proceedings is a matter of law that falls solely within the Chamber’s authority,” the ICC said, adding that it depends not on the presence of a medical condition but on the suspect’s ability to effectively exercise procedural rights.

The experts were instructed to evaluate “the extent to which [Duterte] is able to understand the charges, the evidence and the conduct, purpose and possible consequences of the pre-trial proceedings, and instruct Counsel for the preparation and conduct of his defense.”

The order came after Duterte’s defense team filed a motion on Aug 18, 2025, seeking an indefinite adjournment of proceedings, citing his health.

The court had earlier postponed the confirmation of charges hearing “until further notice” and directed the ICC Registry to submit a shortlist of qualified medical experts.

The panel’s report is due by Oct 31, 2025, while the Office of the Prosecutor, the Defense, and the Office of Public Counsel for Victims may file observations of up to 10 pages by Nov 5, 2025.

The decision, signed by Presiding Judge Iulia Antoanella Motoc and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, said the experts’ findings will assist the Chamber’s legal determination of Duterte’s ability to take part in proceedings. - Philippine Daily Inquirer/ANN

 

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