Metro Manila, Philippines – International Criminal Court prosecutors told judges that former president Rodrigo Duterte is fit to stand trial, citing unanimous findings by a panel of court-appointed medical experts that he can meaningfully exercise his rights despite his age and physical frailty .
In written observations submitted to the Pre-Trial Chamber I, the Office of the Prosecutor said the panel concluded that Duterte understands the charges and evidence against him, can follow the purpose and consequences of pre-trial proceedings, and is capable of instructing counsel for the preparation of his defense.
Prosecutors said the experts’ conclusions were clear and unanimous, and should be relied upon as authoritative in determining Duterte’s fitness to participate in the confirmation of charges hearing.
“The unanimous findings of the Experts’ Reports demonstrate that Mr Duterte is capable of meaningfully exercising his procedural and fair trial rights,” the prosecution said, urging judges to resume confirmation proceedings without further delay.
Prosecutors also noted that while the panel found Duterte elderly and physically frail, these conditions do not undermine his legal competence.
The experts recommended practical accommodations during hearings — including regular breaks and shorter sessions — which the prosecution described as reasonable measures to facilitate his participation, not indicators of incapacity.
The defense, however, sharply contested the prosecution’s assessment, arguing that Duterte’s short-term memory impairment renders him incapable of meaningfully participating in proceedings or effectively instructing his lawyers.
In its own submission, the defense said Duterte “cannot retain information for more than a short space of time,” making it impossible for him to assess evidence, compare testimony, or follow the course of a trial .
“Mr Duterte is incapable of following a trial, of exercising appropriate discretion, and of making informed decisions or instructing counsel effectively,” the defense said, warning that continuing the proceedings would undermine the fairness of the trial.
Duterte’s lawyers argued that the panel’s reports are not dispositive and contain internal inconsistencies, particularly on the severity and cause of his cognitive impairments.
They urged judges to independently assess whether Duterte’s memory deficits prevent him from retaining and processing information in real time – a capacity, they said, that is essential for meaningful participation in complex ICC proceedings.
Judges are expected to rule on Duterte’s fitness to stand trial before deciding whether to proceed with the confirmation of charges hearing.
