Marilyn Cahatol

A picture taken on November 23, 2015 shows the new building of the International Criminal Court (ICC) in The Hague, The Netherlands. AFP PHOTO / ANP / MARTIJN BEEKMAN +++ NETHERLANDS OUT / AFP PHOTO / ANP / Martijn Beekman

Article (news)

ICC junks Duterte camp bid to obtain medical expert communications

Kaxandra Salonga

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/17676730795502026010603014_7eb39215b0687ac87f8ae470898827811774aca3d37e246b32bf54d9dc0b4e79.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">A picture taken on November 23, 2015 shows the new building of the International Criminal Court (ICC) in The Hague, The Netherlands. Martijn Beekman/AFP/File</span></span></span></div><div><br/></div><p>MANILA<strong> (UPDATE) </strong>— The International Criminal Court (ICC) rejected a bid by the camp of former President Rodrigo Duterte to gain access to private communications between the Court’s Registry and independent medical experts evaluating his fitness to stand trial.</p><p>In a 5-page decision dated December 23, 2025, the ICC Pre-Trial Chamber I ruled that the defense failed to justify the need for such &quot;urgent&quot; disclosure.</p><p>Duterte’s defense team earlier asked the court to order the Registry to turn over all emails, letters, and notes of telephone conversations with the medical panel.</p><p>They argued the information was important to assess how the court’s instructions were conveyed and what specific documents, including the former president’s medical records, were given to experts for their evaluation.</p><p>However, the Chamber, presided over by Judge Iulia Motoc, asserted that the Registry is a &quot;neutral organ&quot; of the Court whose role was to liaise with the experts to transmit its instructions.</p><p>&quot;The Chamber considers that, without further substantiation from the Defence, the disclosure of &#x27;all communications between the Registry and the three experts&#x27; is not warranted,&quot; the decision read.</p><p>The court further noted that the defense already has &quot;all the necessary information&quot; to prepare its observations.</p><p>Moreover, it dismissed arguments over the materials transmitted to the panel, citing a Sept. 24 decision that granted the defense full access to the authorized documents.</p><p>&quot;Absent any indication that the Registry did not comply with these instructions, the Chamber considers that the Defence is already fully aware of the materials transmitted to the Panel,&quot; the court said.</p><p>The judges said the experts’ joint and individual reports, which were transmitted to the parties on December 5, 2025, already contain references to the materials and instructions that guided their evaluation.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/12/6/duterte-s-medical-exam-report-given-to-defense-but-content-confidential-kaufman-1644">Duterte’s medical exam report given to defense but content ‘confidential’ – Kaufman</a></div><p>The medical examination was previously ordered by the court following a request from the Duterte legal team for an &quot;indefinite adjournment&quot; of the proceedings last August 2025.</p><p>The Office of the Prosecutor earlier urged the resumption of confirmation of charges proceedings, citing medical expert observations that Duterte is “feigning cognitive impairments in an attempt to avoid trial.”</p><p>Duterte’s defense team disputed the findings, calling the expert reports “not dispositive” and containing internal contradictions.</p><div><br/></div><div><strong>REQUEST FOR NEW HEALTH ASSESSMENT</strong></div><div><br/></div><p>Meanwhile, the ICC prosecutors urged judges to reject a request by Duterte’s camp for a new expert assessment of his health, saying it would cause “unnecessary” delay in pre-trial proceedings.</p><p>In a five-page response dated Dec. 23, 2025, the Office of the Prosecutor argued that there are no &quot;changed circumstances&quot; that would justify the need for a new medical report on Duterte’s ability to abscond.</p><p>Duterte’s defense earlier said his “unexplained weight loss” warrants reassessment of his fitness for detention.</p><p>However, prosecutors argued that a panel of independent medical experts, which found the former president fit for trial, already explained his condition.</p><p>The prosecution added that the alleged impact of Duterte’s medical condition is “less compelling or relevant,” noting that the 80-year-old former president’s health issues merely show natural age-related changes.</p><p>“The alleged deterioration of Mr. Duterte’s health does not justify the need for a further expert report, nor does it constitute a changed circumstance. The impact of time on his physical health is consistent with the natural process of aging,” the document read.</p><div><br/></div><div><strong>VICTIMS’ COUNSEL OPPOSES REQUEST</strong></div><div><br/></div><p>The Office of Public Counsel for Victims (OPCV) said that by seeking a new expert instruction, Duterte’s camp is making &quot;repetitive and futile requests&quot; to cause delays in the proceedings and overstep the court’s authority.</p><p>“The Legal Representative opposes the primary relief sought in the Request as it lacks legal basis, aims at usurping the Chamber’s function, and effectively causes further and unjustified delay to the pre-trial proceedings,” read the OPCV’s submission to the court dated Dec. 23.</p><p>It further argued that the request is “without merit” and finds no support in the statutory framework of the Court.</p><p>“What the Defence is asking is essentially to “outsource” a judicial determination – namely whether the article 58(1) conditions [of the Statute] continue to be met. Yet, this is in fact a judicial assessment with which only the Pre-Trial Chamber is entrusted,” read the document penned by Paolina Massidda, Principal Counsel for the OPCV.</p><p>&quot;The Chamber has before it sufficient material to decide both on Mr. Duterte&#x27;s fitness and the impact, if any, his state of health might have on considerations surrounding the review of his pre-trial detention,&quot; it added. </p><p>Duterte was <a href="https://www.abs-cbn.com/news/nation/2025/3/11/duterte-arrested-on-icc-warrant-over-drug-war-killings-0126">arrested </a>in March 2025 and is currently held at the ICC detention center in The Hague to face charges of crimes against humanity related to extra-judicial killings during his administration’s drug war.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/12/17/icc-appeals-chamber-orders-new-filings-in-duterte-jurisdiction-appeal-0741">ICC appeals chamber orders new filings in Duterte jurisdiction appeal</a></div><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/u1vXg8cNM_g?si=K3jLjDsph51VnNyk" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe></div>

<p>The International Criminal Court (ICC) rejected a bid by the camp of former President Rodrigo Duterte to gain access to private communications between the Court’s Registry and independent medical experts evaluating his fitness to stand trial.</p>

The International Criminal Court (ICC) rejected a bid by the camp of former President Rodrigo Duterte to gain access to private communications between the Court’s Registry and independent medical experts evaluating his fitness to stand trial.