ICC filing cites Duterte memory loss in bid to halt trial

Metro Manila, Philippines - Former Philippine President Rodrigo Duterte is “not fit to stand trial” because of severe cognitive decline that leaves him unable to remember events, places, or even members of his close family, his lawyer told the International Criminal Court (ICC).

In a public redacted version of the Defence Request for an Indefinite Adjournment released Sept. 11, defense counsel Nicholas Kaufman said Duterte suffers from “significant cognitive deficiencies” that impair his memory, orientation, and capacity for reasoning.

“Mr. Rodrigo Roa Duterte is not fit to stand trial as a result of cognitive impairment in multiple domains,” Kaufman wrote.

“With his impaired memory and concomitant inability to retain new information or to recall events, places, timing or even members of his close family and Defence team, Mr Duterte is unable to fully understand the nature and implications of the proceedings conducted against him,” he said.

The document cited medical reports from both defense-appointed specialists and an ICC neuropsychologist, all concluding that Duterte’s condition is progressive and unlikely to improve.

One evaluation said Duterte “is currently unable to meaningfully participate in the legal proceedings against him,” including the ability to give his lawyers effective instructions or testify about the period relevant to the charges.

Duterte, 80, was surrendered to ICC custody in March and faces accusations of crimes against humanity over thousands of killings in his administration’s war on drugs. He has been undergoing repeated medical and psychological evaluations since his detention.

While the defense has asked judges to adjourn proceedings indefinitely, the ICC’s Pre-Trial Chamber has so far only granted the postponement of Duterte’s confirmation of charges hearing, which had been set for Sept. 23.