Joselito Malig

Article (news)

Zen Hernandez

Carmelle Lacuata

ABS-CBN News

<p>(2nd UPDATE) A redacted version of former President Rodrigo Duterte’s legal team’s request to adjourn proceedings was published by the International Criminal Court (ICC) on Thursday, September 11 - three days after the court’s Pre-Trial Chamber I voted to postpone his confirmation of charges hearing.</p><p>In the filing, Duterte’s lead counsel, Nicholas Kaufman, claimed the former Philippine leader is suffering from “cognitive impairment in multiple domains,” rendering him unfit to stand trial.</p><p>“Mr Duterte’s condition will not improve and, for this reason, the Pre-Trial Chamber must adjourn all legal proceedings in his case indefinitely,” the document stated.</p><p>Kaufman argued that no further medical examination was necessary, citing Rule 135(1) of the ICC’s Rules of Procedure and Evidence, which grants the chamber discretion to order medical or psychological evaluations. </p><p>He said the defense had already submitted extensive medical information.</p><p>According to Kaufman, they have regularly updated the Chamber on the former President’s “deteriorating cognitive condition” and has shared medical and psychological evaluations with both the prosecution and the Office of Public Counsel for Victims, which represents families of drug war victims.</p><p>The defense believes assessments made by two defense experts and a neuropsychologist appointed by the ICC detention center’s medical officer support their claim that Duterte is too ill to participate in the proceedings.</p><p>“Mr. Duterte suffers from significant cognitive deficiencies that affect his memory, his daily executive functioning, his visuoconstructive abilities, and his orientation to place and time while, simultaneously, limiting his capacity for complex reasoning.”</p><p>Kaufman noted that Duterte’s competence had been questioned as early as his initial appearance on March 14, citing his “noticeable drowsiness” during the proceeding. </p><p>The filing also mentioned a CT scan performed on May 16, an examination on May 28, and repeated defense requests for an MRI - which have been denied until July 21. However, all results of these procedures were redacted.</p><p>The filing included a conclusion from an unnamed neuropsychologist:</p><p>“Based on my evaluation, it is my professional conclusion that Mr. D. is currently unable to meaningfully participate in the legal proceedings against him. Specifically, he lacks the capacity to remember, assimilate and apply information to be able to give his lawyers effective instructions. He will not be able to fluently recall information from the period relevant to the case such as to be able to testify. To conclude, Mr. D. will not be able to meaningfully engage with the legal process and is unfit to stand trial.”</p><div><strong>DUTERTES VS KAUFMAN?</strong></div><p>Atty. Kristina Conti, who represents the group Rise Up for Life and for Rights, however, noted that the information mentioned by Kaufman in his request does not match the information coming from Duterte’s daughter, Kitty.</p><p>In a statement, Conti said the younger Duterte recently told the public that there was no reason for anyone to worry about her father.</p><p>“But through the past four months Duterte&#x27;s lawyer Nicholas Kaufman had been trying to convince the ICC that he is mentally deteriorating,” she said.</p><p>“Who should we believe between Duterte&#x27;s children and Duterte&#x27;s lawyer?” Conti added.</p><p>According to Conti, the postponement does not mean the ICC agrees with the defense, but is a way for the judges to investigate further, including “possible new tests on Duterte”.</p><p>She also said that Duterte has the option to waive his appearance at the hearing if he chooses to.</p><p>“We must also point out that fitness to stand trial is something that could be discussed when trial starts. The confirmation of charges is only preparatory to trial. Duterte can even waive his appearance at the hearing if he chooses to,” Conti explained.</p><p>Duterte, now 80 years old, faces accusations linked to thousands of killings during this administration’s bloody “war on drugs” carried out on a national scale in the Philippines, between November 2011 and March 2019. </p><p>A confirmation of charges hearing was initially scheduled on September 23, to allow ICC’s Pre-Trial Chamber I to decide whether prosecutors have sufficient evidence to move the case to a full trial. </p><p>But on September 8, despite one dissenting opinion, the Pre-Trial Chamber I voted for a “limited postponement” of the proceedings.</p><div><br/></div><div><a href="https://www.abs-cbn.com/news/nation/2025/9/8/icc-postpones-duterte-s-confirmation-of-charges-hearing-1938">READ: &#x27;Not fit to stand trial?&#x27; ICC postpones Duterte’s confirmation of charges hearing</a></div><div><a href="https://www.abs-cbn.com/news/nation/2025/9/5/icc-registry-submits-victims-participation-applications-in-duterte-case-0758">READ: ICC Registry submits victims&#x27; participation applications in Duterte case</a></div><div><a href="https://www.abs-cbn.com/news/nation/2025/9/5/conflict-of-interest-duterte-legal-team-challenges-prosecutor-s-ties-to-some-victims-1001">READ: Conflict of interest? Duterte legal team challenges prosecutor&#x27;s ties to some victims</a></div><div><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/qXBleBgGKkA??si=T8ugffvJKF_4-Cpa&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>The defense said "Mr. Duterte suffers from significant cognitive deficiencies that affect his memory, his daily executive functioning, his visuo-constructive abilities, and his orientation to place and time while simultaneously, limiting his capacity for complex reasoning."</p>

The defense said "Mr. Duterte suffers from significant cognitive deficiencies that affect his memory, his daily executive functioning, his visuo-constructive abilities, and his orientation to place and time while simultaneously, limiting his capacity for complex reasoning."

Lawyer cites Duterte’s 'cognitive impairment' in request to adjourn ICC proceedings

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Lawyer cites Duterte’s 'cognitive impairment' in request to adjourn ICC proceedings

Zen Hernandez,

Rose Carmelle Lacuata,

ABS-CBN News

Published September 11, 2025 07:31 PM PHT

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Updated September 11, 2025 11:58 PM PHT

Read More:

Rodrigo Duterte

ICC

International Criminal Court

confirmation of charges

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