ICC orders medical exam for Duterte to determine fitness to trial

Metro Manila, Philippines - The International Criminal Court (ICC) has ordered a medical examination of former President Rodrigo Duterte to determine whether he is fit to participate in pre-trial proceedings in the case filed against him for crimes against humanity.

In a decision dated Oct. 16, Pre-Trial Chamber I said it was “appropriate to appoint a multidisciplinary panel” to assess Duterte’s fitness “to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing.”

The chamber said the three-member panel—composed of experts in forensic psychiatry, neuropsychology, and geriatric and behavioural neurology—will conduct an independent examination to assist the court in its legal assessment.

The order was made pursuant to Rules 113 and 135 of the ICC Rules of Procedure and Evidence, which allow the court to order a medical evaluation of a suspect to determine their capacity to stand trial.

The chamber said determining a suspect’s fitness to stand trial is a “question of law” and that the medical evaluation would help assess whether Duterte can “effectively exercise his procedural rights.”

“The question of whether a suspect is fit to take part in the pre-trial proceedings is a question of law that falls exclusively within the remit of the Chamber’s legal determination,” the judges said.

“It does not depend, in and of itself, on whether the suspect has particular medical conditions, but rather on whether he or she is able to effectively exercise his or her procedural rights,” they said.

The panel was directed to assess whether Duterte suffers from any medical condition that could affect his ability to follow and participate in the hearings, and whether any special measures or adjustments are needed to enable his participation.

The experts are expected to focus on Duterte’s “capacities necessary for the meaningful exercise of his procedural and fair trial rights, including the extent to which he is able to understand the charges, the evidence, and the conduct, purpose and possible consequences of the pre-trial proceedings.”

The chamber ordered that the report be submitted to the ICC Registry by Oct. 31, while both the prosecution and defense may file their observations by Nov. 5.

The Registry was directed to provide all medical records, including those in Dutch, to the panel and assist in the translation process.

The decision noted that the findings and conclusions of the experts will not be redacted from the public record, stressing transparency in determining Duterte’s fitness.

The order follows another ruling denying Duterte’s request for interim release on humanitarian grounds. In that decision, the same chamber found that Duterte’s detention remained necessary “to ensure his appearance at trial and to prevent obstruction or endangerment of the proceedings.”

Judges said his position as former president and the political influence of his daughter, Vice President Sara Duterte, increased the risk of flight.

“Mr. Duterte’s position as former President of the Philippines, and the fact that his daughter currently holds the office of Vice-President, may help him abscond,” the ruling said.

Duterte remains in ICC custody at The Hague, Netherlands, pending the medical panel’s report and the continuation of pre-trial proceedings.

Duterte faces charges of crimes against humanity of murder in connection with thousands of killings during his anti-drug campaign and his tenure as Davao City mayor.