The legal representative of potential victims before the International Criminal Court (ICC) has supported the appointment of a panel of medical specialists to evaluate whether former President Rodrigo Duterte’s alleged cognitive impairment affects his capacity to take part in ongoing proceedings.
In a filing dated October 8, the Office of the Public Counsel for Victims (OPCV) agreed with prosecutors that a dedicated team—comprising a forensic psychiatrist, neuropsychologist, and behavioral neurologist—should assess Duterte’s mental fitness to stand trial. The panel’s findings, it added, could help determine if the former leader should be granted “special measures or adjustments” during pre-trial hearings.
The OPCV emphasized that the focus should remain on Duterte’s cognitive and mental faculties, stating that the ICC Registry’s proposal to include a gerontologist was unnecessary. “These matters are separate and unrelated to the specific legal question of fitness to stand trial,” the submission noted.
Meanwhile, Duterte’s defense team, led by lawyer Nicholas Kaufman, called for a forensic cross-examination of any medical findings. They insisted that both sides must have the opportunity to present their own expert evidence and question any appointed medical specialists.
“Given the adversarial nature of proceedings at this court, the defense submits that each party must also be permitted, if it so desires, to present its own expert evidence,” the filing stated.
The defense questioned the need for additional experts, pointing out that they had already submitted the evaluation of a neuropsychologist deemed appropriate for Duterte’s case. They proposed that any experts appointed by the chamber should later be subjected to a full forensic hearing.
