Geline Salac

ICC report sheds light on debate on Duterte's fitness to stand trial

Article (news)

Bea Cuadra

ABS-CBN News

<p>A <a href="https://www.icc-cpi.int/court-record/icc-01/21-01/25-263-red">new report</a> from the International Criminal Court (ICC) Registry has brought to light the ongoing legal debate surrounding the health of former Philippine President Rodrigo Roa Duterte, who faces charges of <a href="https://www.abs-cbn.com/news/nation/2025/9/23/icc-office-of-the-prosecutor-releases-details-of-charges-vs-duterte-0057">crimes against humanity.</a></p><p>The document, a &quot;Registry Report on the Assessment by the Medical Officer of the Detention Centre,&quot; reveals a procedural back-and-forth between the defense, prosecution, and the court over whether Duterte is fit to participate in proceedings.</p><p>The controversy began when Duterte&#x27;s defense team filed a &quot;Request for an Indefinite Adjournment&quot; on August 18, 2025, claiming he &quot;is not fit to stand trial as a result of cognitive impairment in multiple domains.&quot;</p><p>According to the defense, his condition &quot;will not improve and, for this reason, the Pre-Trial Chamber must adjourn all legal proceedings in his case indefinitely.&quot;</p><div><a href="https://www.abs-cbn.com/news/nation/2025/9/12/icc-prosecutor-seeks-independent-medical-review-on-duterte-1838">ICC prosecutor seeks independent medical review on Duterte</a></div><p>In response to the defense&#x27;s request, the Pre-Trial Chamber I issued an order on August 26, instructing the court&#x27;s Registry and the Medical Officer (MO) of the Detention Centre to provide a report.</p><p>This report was meant to include an assessment of his health management in custody, whether any condition might affect his ability to participate in the proceedings, and if special measures were needed.</p><p>This order was quickly challenged by the defense, which filed a &quot;Request for Reconsideration&quot; a day later.</p><p>The defense argued that the Chamber lacked the authority to compel the Medical Officer to give an opinion on a detainee&#x27;s fitness for trial.</p><p>They cited various court regulations, asserting that access to Duterte&#x27;s medical records required his &quot;express written consent&quot; and that any expert opinion should come from an independent expert, not the court&#x27;s own Medical Officer.</p><p>The prosecution and the Registry responded, with the Registry pointing out that while the Medical Officer couldn&#x27;t assess fitness to stand trial, he could advise on &quot;physical modalities (such as online attendance, chair adjustment, etc.) based on the general health condition of Mr. Duterte.&quot;</p><p>The report, dated September 2, 2025, and submitted by the Registry, partially addresses the court&#x27;s order.</p><p>It states that the Registry has &quot;report[ed] on the MO’s proposed adjustments to the sitting schedule for the confirmation of charges hearings&quot; and &quot;transmit[ted] in the Annex the factual report containing &#x27;the measures and arrangements put in place to provide him with medical access and care.&#x27;&quot;</p><p>However, the key sections detailing the Medical Officer’s specific recommendations and the factual medical report are heavily redacted.</p><p>This redacted information protects confidential medical details.</p><p>The report also reiterates a critical point that the Medical Officer &quot;does not possess the requisite [authority to assess a] detained person’s fitness to stand trial.&quot;</p><p>The MO&#x27;s role is &quot;limited to the oversight of the physical and mental health of detained persons,&quot; reinforcing the defense’s argument.</p><p>The court has not yet ruled on the defense&#x27;s request for an indefinite adjournment. </p><div><br/></div><p>The legal proceedings are now at a standstill while the Chamber weighs these conflicting legal arguments and the limited medical information it has received.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/g7FhBxsci6I?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/UTJHuW-ihUE?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/wer1w-OC_Xg?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>A <a href="https://www.icc-cpi.int/court-record/icc-01/21-01/25-263-red">new report</a> from the International Criminal Court Registry has brought to light the ongoing legal debate surrounding the health of former Philippine President Rodrigo Roa Duterte, who faces charges of <a href="https://www.abs-cbn.com/news/nation/2025/9/23/icc-office-of-the-prosecutor-releases-details-of-charges-vs-duterte-0057">crimes against humanity.</a></p>

A new report from the International Criminal Court Registry has brought to light the ongoing legal debate surrounding the health of former Philippine President Rodrigo Roa Duterte, who faces charges of crimes against humanity.