Jamaine Punzalan

Article (news)

Kaxandra Salonga

ABS-CBN News

<div><br/></div><div style="text-align:left"><br/></div><p>MANILA — International Criminal Court (ICC) prosecutors called for the resumption of proceedings on the confirmation of charges against former President Rodrigo Duterte, arguing that he was “feigning cognitive impairments in an attempt to avoid a trial on the merits” for alleged crimes against humanity in his drug war.</p><p>In a nine-page submission to the Pre-Trial Chamber I on Thursday, the Office of the Prosecutor cited medical evaluations that found Duterte fit for legal proceedings.</p><p>“The Prosecution submits that based on the unanimous findings of the Experts’ Reports, the Chamber has the necessary information to conclude that Mr Duterte is fit to take part in the pre-trial proceedings, and accordingly, schedule the resumption of the proceedings on the confirmation of charges,” the document penned by Deputy Prosecutor Mame Mandiaye Niang read.</p><p>Prosecutors said a panel of experts who examined Duterte found him to be an “unreliable historian” of his health and mental functions. </p><p>“Mr Duterte was underperforming while being assessed. For instance, Dr [REDACTED] used the ‘coin in hand test’ which, as described in his report, is announced as a test for ‘short-term memory’, but is actually a ‘floor’ test that is ‘very simple even for an individual with moderate to severe memory impairment,’” the document read.</p><p>“As a result of this and other tests used to assess underperformance, all three experts concluded that Mr Duterte’s subjective complaints regarding his health and mental functions are unreliable,” it added.</p><p>The Prosecution said the experts unanimously agreed that Duterte possessed the capacity to understand the charges and evidence against him, comprehend the conduct and possible consequences of the pre-trial proceedings, and provide instructions to his legal counsel.</p><p>The court ordered a medical evaluation after Duterte’s defense team requested an indefinite adjournment of the case last August, citing concerns over the former president’s health. </p><p>The ICC Registry appointed three medical experts in September and added a fourth in November. The panel submitted its findings on Dec. 5.</p><p>To accommodate Duterte’s physical frailty, the prosecution deferred to the Chamber’s discretion regarding several proposed modifications to the court schedule. </p><p>The panel and the Detention Centre’s Medical Officer recommended limiting court attendance to four days a week with no more than two consecutive hearing days. They also suggested starting sessions after 10 a.m., holding no more than two sessions per day, and keeping each session to 90 minutes with adequate breaks in between.</p><p>They recommended providing nutritious food suited to Duterte’s cultural preferences and offered guidance on how he should be questioned or provided information.</p><p>The prosecution concluded its submission by urging the Chamber to schedule the resumption of the confirmation of charges hearing “immediately.”</p><p>The Office of Public Counsel for Victims (OPCV) earlier urged the ICC to proceed with the hearing, saying a panel of medical experts unanimously found him fit to take part in the proceedings.</p><div><br/></div><div><strong>DUTERTE CAMP CHALLENGES EXPERTS&#x27; REPORTS</strong></div><div><br/></div><p>Duterte’s defense team contested the findings, calling the expert reports “not dispositive” and claiming they contain “striking” internal contradictions. </p><p>In a submission to the Pre-Trial Chamber I dated Dec. 18, the defense argued that Duterte’s short-term memory is “demonstrably impacted.”</p><p>“He (Duterte) cannot retain information for more than a short space of time. The Defence finds it impossible to work with Mr Duterte because his instructions change from day to day, depending on his deficient recollection of information provided to him only the day before,” the document penned by Duterte’s lead counsel Nicholas Kaufman read.</p><p>It claimed that Duterte was also not capable of assessing and comparing evidence. </p><p>“He is thus incapable of following a trial, of exercising appropriate discretion, and of making informed decisions or instructing Counsel effectively,” the document read. </p><p>It noted that none of the panel’s experts “are of the opinion that Duterte was devoid of memory problems.”</p><p>“The only point of difference among the various experts in this respect relates to the objective severity of memory loss, given that Mr Duterte’s subjective reports cannot be relied on for empirical purposes. All experts appear to agree that Mr Duterte’s poor performance on the tests designed to assess cognitive faculties results from underperformance. Nowhere is it stated, however, that such underperformance is deliberate,” it read. </p><p>It further argued that the experts relied only on Duterte’s 2025 medical files and not his earlier records from the Philippines, which it said “raises concerns about the reliability of any analysis” of the former president’s health.</p><p>Duterte’s camp filed a request for the disclosure of all communications between the ICC Registry and the independent experts. They are also seeking an evidentiary hearing to &quot;test the expert&#x27;s evidence&quot; before the court makes a final determination on his competency.</p><p>Despite contesting the findings, the defense expressed support for the prosecution’s recommendations to accommodate Duterte’s health.</p><div><br style="caret-color:rgb(0, 0, 0);color:rgb(0, 0, 0)"/></div>

<p>International Criminal Court (ICC) prosecutors called for the resumption of proceedings on the confirmation of charges against former President Rodrigo Duterte, arguing that he was “feigning cognitive impairments in an attempt to avoid a trial on the merits” for alleged crimes against humanity.</p>

International Criminal Court (ICC) prosecutors called for the resumption of proceedings on the confirmation of charges against former President Rodrigo Duterte, arguing that he was “feigning cognitive impairments in an attempt to avoid a trial on the merits” for alleged crimes against humanity.

ICC prosecutors say Duterte is ‘feigning cognitive impairment’ to avoid trial

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ICC prosecutors say Duterte is ‘feigning cognitive impairment’ to avoid trial

Kaxandra Salonga,

ABS-CBN News

Published December 19, 2025 12:06 PM PHT

|

Updated December 27, 2025 10:36 AM PHT

Read More:

ICC

Duterte

war on drugs

crimes against humanity

chamber

Hague

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