Metro Manila, Philippines – The Philippine government said it will not interfere in the International Criminal Court’s processes after judges ruled that former President Rodrigo Duterte is fit to participate in pre-trial proceedings in his crimes against humanity case.
“If that is their process, the president will not interfere, and the Philippine government will not interfere,” Presidential Communications Office Undersecretary Claire Castro said in a briefing on Tuesday, Jan. 27.
The ICC ruling clears the way for the long-delayed confirmation of charges hearing against Duterte, which had been stalled for months due to defense claims that alleged cognitive impairment should halt the case.
In a 25-page decision, the ICC Pre-Trial Chamber 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.”
Judges found that Duterte has the capacity to understand the charges against him, follow the evidence, comprehend the purpose and possible consequences of the proceedings, and instruct counsel for the preparation and conduct of his defense.
The chamber relied heavily on findings from an independent, court-appointed panel of three medical experts in forensic psychiatry, neuropsychology and geriatric and behavioral neurology.
While experts noted some cognitive concerns, judges highlighted the panel’s unanimous conclusion that these issues do not prevent meaningful participation in the proceedings.
The judges stressed that fitness is a legal determination and “does not depend, in and of itself, on whether the suspect has particular medical conditions,” but on whether those conditions affect the ability to participate effectively.
They also approved medical accommodations and practical adjustments during hearings based on expert recommendations.
The confirmation of charges hearing had been postponed after Duterte’s defense sought an indefinite adjournment, arguing that he was unfit to proceed. The chamber temporarily halted proceedings to allow for medical examinations and submissions from prosecutors, victims’ representatives and the defense.
In the new ruling, judges rejected further delays and declined to hold another evidentiary hearing, finding the expert reports “clear, reliable and sufficient.”
With the issue resolved, the ICC ordered proceedings to move forward. The confirmation of charges hearing is set to resume Feb. 23 at the ICC in The Hague, a 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 anti-drug campaign during his time as Davao City mayor and later as Philippine president.
