ICC judges deny Duterte defense bid to force disclosure of expert communications

Metro Manila, Philippines –  Judges at the International Criminal Court have rejected a request by lawyers of former President Rodrigo Duterte seeking disclosure of all communications between the court registry and a panel of medical experts assessing his fitness to stand trial.

In a decision dated Dec. 23, the ICC’s Pre-Trial Chamber I ruled that the defense had not shown sufficient grounds to compel the release of emails, letters, or other exchanges between court officials and the three independent experts appointed to examine Duterte.

The chamber said the defense already had “all the necessary information” to make submissions on the experts’ reports and that broader disclosure was “not warranted.”

The ruling centers on a defense argument that access to the communications was “essential” to understand “the instructions transmitted to the Experts” and how the judges’ directions were conveyed by the registry. Defense lawyers had also said they wanted the option to submit additional observations after reviewing the material.

Judges disagreed, stressing the neutrality of the registry and the transparency of the experts’ work.

“The Chamber considers that, without further substantiation from the Defence, the disclosure of ‘all communications between the Registry and the three experts’ is not warranted,” the judges wrote.

They added that the experts’ joint and individual reports already “consistently refer to the Chamber’s instructions and relevant materials that have guided them in the preparation of their reports.”

The panel also rejected claims that undisclosed documents may have been provided to the experts. It noted that earlier orders clearly specified what materials could be transmitted and that the defense had “full access” to those documents.

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

The ICC Pre-Trial Chamber I ordered the medical assessment after Duterte’s lawyers sought an indefinite adjournment in the confirmation-of-charges proceedings. The chamber extended the hearing schedule, saying a short postponement was necessary to rule on the request and related matters.

The court also instructed the ICC Registry to draw up a list of experts to evaluate Duterte. The current panel, published Nov. 14, includes three neuropsychiatry specialists. The chamber previously removed two experts—one over social media activity deemed inappropriate for an ICC consultant, and another for failing to disclose an active suspension.