ICC prosecutors oppose Duterte bid to halt trial, challenge fitness issue

Metro Manila, Philippines - International Criminal Court (ICC) prosecutors have urged judges to reject Rodrigo Duterte’s request to indefinitely suspend proceedings against him, arguing that defense claims of severe memory loss and cognitive decline are not enough to prove the former Philippine president is unfit to stand trial.

In a Sept. 11 filing, the Office of the Prosecutor said, “The proceedings against Mr. Duterte cannot be ‘adjourned indefinitely’ on the sole basis of the reports of the Defence Experts, the conclusions and opinions of which are not accepted by the Prosecution”

Prosecutors confirmed they are commissioning their own review.

“The Prosecution is engaging its own medical expert(s) to assist in determining Mr. Duterte’s fitness to participate in the pre-trial proceedings and to stand trial,” the filing stated, adding that judges should also consider “appointing independent experts with experience in international trials.”

The prosecution said trial fitness depends on whether an accused can still exercise fair trial rights - such as understanding charges, reviewing evidence, and instructing counsel - not on the presence of medical conditions.

Citing earlier ICC rulings, they said effective participation requires only a “broad understanding of the trial process with a comprehension of the general thrust of what is said in court.”

Prosecutors asked the court to limit any delay to the time necessary for medical assessments, urging a timeline that would keep the case moving.

“The Prosecution proposes that the Chamber sets a schedule that would allow for this issue to be adjudicated by such time that would still allow a confirmation of charges hearing to be completed before the end of 2025,” they said.

The defense, in a separate filing, argued that Duterte is “not fit to stand trial as a result of cognitive impairment in multiple domains.”

Counsel Nicholas Kaufman said the 80-year-old suffers from “significant cognitive deficiencies” that impair memory, orientation, and reasoning.

“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 wrote.

Medical reports cited by the defense, including from an ICC neuropsychologist, described Duterte’s condition as progressive and unlikely to improve. One evaluation concluded he is “currently unable to meaningfully participate in the legal proceedings against him.”

Duterte, who was surrendered to ICC custody in March, faces accusations of crimes against humanity for thousands of killings during his administration’s war on drugs. The Pre-Trial Chamber has already postponed his confirmation of charges hearing, originally set for Sept. 23, while it considers the competing medical assessments.