THE HAGUE, Netherlands — Former Philippine President Rodrigo Duterte’s lawyers, asked the International Criminal Court (ICC) to question a court-appointed medical panel’s finding that he is competent to participate in pre-trial proceedings in the murder case against him, citing alleged short-term memory problems.
In a public filing, Duterte’s defense said the panel’s reports contain contradictions and fail to assess how his memory impairment affects his ability to instruct counsel, follow hearings, and evaluate evidence. The lawyers argued that his instructions to legal counsel change daily, which they say undermines his right to a fair trial.
The defense requested an evidentiary hearing where experts could be questioned about their methodologies, findings, and conclusions before the court decides Duterte’s fitness. They said such hearings are standard in international criminal tribunals.
The filing noted that the medical panel, appointed after prior assessments and an ICC Detention Center evaluation, had unanimously concluded that Duterte is competent. The defense countered that the experts disagreed on the severity and implications of his cognitive deficits and did not fully consider his co-morbid medical conditions or staff observations of forgetfulness.
The panel recommended accommodations, including simplified questions, repetition, and additional processing time, but the defense said these measures do not demonstrate full competence.
Pre-Trial Chamber I, composed of Judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera, has not yet ruled on the defense request or on Duterte’s ability to participate in the proceedings.