Metro Manila, Philippines- The International Criminal Court (ICC) Pre-Trial Chamber has ruled that former president Rodrigo Duterte is fit to participate in pre-trial proceedings, rejecting defense claims that alleged cognitive impairment should halt the case and clearing the way for the long-delayed confirmation of charges hearing to resume.
In a 25-page decision, the judges said it was “satisfied, in law, that Mr Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings.”
The Chamber found that Duterte has the capacity to understand the charges, follow the evidence, comprehend the purpose and possible consequences of the proceedings, and instruct counsel for the preparation and conduct of his defense.
The ruling relied heavily on findings from an independent, court-appointed panel of three medical experts in forensic psychiatry, neuropsychology, and geriatric and behavioural neurology.
The Chamber stressed that fitness is a legal determination, emphasizing that it “does not depend, in and of itself, on whether the suspect has particular medical conditions,” but on whether those conditions affect the ability to meaningfully participate in proceedings.
While experts noted some cognitive concerns, the judges highlighted the panel’s unanimous conclusion that these issues do not prevent meaningful participation.
One expert assessment cited by the Chamber concluded that Duterte “has the functional mental capacities to understand the charges… to follow the evidence… and to instruct counsel for the preparation and conduct of his defence.”
The judges also approved medical accommodations and practical adjustments during hearings to assist Duterte, based on expert recommendations.
The confirmation of charges hearing had been postponed for months after Duterte’s defense sought an indefinite adjournment, arguing that alleged cognitive impairment rendered him unfit to proceed.
The Chamber temporarily halted proceedings to allow for extensive medical examinations, expert reports, and submissions from prosecutors, victims’ representatives, and the defense. In the new ruling, judges rejected further delay and declined to hold an additional evidentiary hearing, finding the expert reports “clear, reliable, and sufficient.”
With the fitness issue resolved, the ICC ordered proceedings to move forward. The confirmation of charges hearing is now set to resume on February 23 at the ICC in The Hague, a crucial stage at which judges will decide whether prosecutors have sufficient evidence to send the case to trial.
Duterte is facing charges of crimes against humanity for his alleged involvement in dozens of killings linked to his so-called war on drugs, carried out during his time in office—first as mayor of Davao City and later as president.
