ICC orders medical exam on Duterte for pre-trial proceedings
The International Criminal Court has ordered a medical examination for former president Rodrigo Duterte to assess whether he's fit to stand trial in the ongoing pre-trial proceedings.
In the nine-page decision dated Oct. 16, the Chamber, composed of Judges Iulia Antoanella Motoc, Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera, has instructed the Registry to conduct the medical examination and provide assistance and necessary information about Duterte to a panel of three independent medical experts
The appointed three experts, whose names have been redacted, specialize in forensic psychiatry, neuropsychology, and geriatric and behavioral neurology, with experience in ‘the examination of an elderly person on fitness to participate in judicial proceedings."
They are required to provide assessments to the following issues:
"Whether and, if so, at what level Mr Duterte suffers from any medical condition which might have an effect on his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing; and
"Whether any special measures or adjustments are recommended to address any medical condition of Mr Duterte, also in light of any prognosis, during the pre-trial proceedings, including the confirmation of charges hearing," the decision read.
The joint or individual reports must be submitted to the Chamber by Oct. 31. The defense, the prosecution, and the Office of Public Counsel for Victims are expected to respond to the report by Nov. 5.
Before this, his defense lawyer Nicholas Kaufman claimed that Duterte suffers from "impaired memory" and an "inability to retain new information."
The ICC had earlier rejected Duterte's bid for interim release as he "continues to pose a flight risk," stressing he must remain detained to ensure his presence during pre-trial proceedings and a possible trial.
It cited his ongoing political influence and network of supporters—including his daughter, Vice President Sara Duterte, and his recent election as Davao City mayor—as evidence of that continued support.
They also mentioned instances where his family "publicly voiced criticism regarding his arrest and detention" and that Sara had this "idea of breaking Mr Duterte out of the ICC Detention Centre."
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders as part of his "war on drugs."
The first count concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while Duterte was mayor of Davao City.
The second count relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when Duterte was president.
And the third charge is about 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers.
These took place across the Philippines between 2016 and 2018, the prosecution alleged.
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
