MANILA, Philippines — The International Criminal Court’s Pre-Trial Chamber 1 has denied former President Rodrigo Duterte’s request to access communications between the ICC Registry and the independent panel of experts assessing his fitness to stand trial.
In a Dec. 23 ruling, Presiding Judge Iulia Antoanella Motoc said there was no reason to grant the defense’s appeal. Duterte’s legal team had asked for all correspondence, instructions, and documents—including emails, letters, notes from calls, and medical records—shared between the Registry and the three appointed experts.
The chamber noted that the defense already has access to the experts’ reports and the materials transmitted to them, which include references to the Chamber’s instructions. The ruling emphasized that the Registry acts as a neutral liaison, and without additional justification from Duterte’s team, further disclosure was unnecessary.
The experts had been appointed in September to determine whether Duterte could exercise his rights and participate meaningfully in pre-trial proceedings. Their assessment concluded that while “frail and elderly,” Duterte possesses the capacities to understand the charges, evidence, and purpose of the proceedings, and can instruct his lawyers on preparing his defense.
Duterte faces crimes against humanity charges before the ICC for thousands of alleged drug-related killings during his tenure as Davao City mayor and Philippine president.
