Metro Manila, Philippines – The International Criminal Court has ordered a fresh medical evaluation of former President Rodrigo Duterte as judges weigh his fitness to stand trial in his crimes against humanity case.
During the second session of the ICC status conference in The Hague, Presiding Judge Joanna Korner said the chamber is required to make a separate determination on Duterte’s fitness before trial proceedings begin.
“The chamber is obliged to make a separate finding on that issue,” Korner said.
The judge said the three medical experts who previously examined Duterte for the confirmation proceedings would likely be instructed again to conduct a new assessment.
“You very sensibly propose that the three gentlemen who examined him for the purposes of the confirmation proceedings should be reinstructed to re-examine him,” Korner told Duterte defense counsel Peter Haynes.
Korner said the chamber hopes the experts can complete the reassessment “with some speed” as the tribunal continues discussions on a possible trial calendar.
The ICC judge acknowledged that Duterte’s age and possible medical issues are already affecting trial planning.
“At the moment it’s a bit difficult to set a schedule for trial until we’ve had an up-to-date report,” Korner said.
“It seems to be that because of his age and potentially medical problems… there will have to be a day off,” she added while discussing possible trial sitting schedules.
Duterte’s defense team earlier requested a renewed medical assessment, arguing that the previous fitness finding only covered the confirmation stage and not the actual trial proceedings.
The prosecution did not oppose a new examination but objected to parts of the defense’s proposed instructions to medical experts.
