The International Criminal Court has declined to compel the release of internal exchanges between its Registry and independent physicians tasked with assessing the trial fitness of former Philippine president Rodrigo Duterte.
In a five-page ruling dated December 23, 2025, Pre-Trial Chamber I said the defense did not demonstrate why the disclosure sought should be treated as urgent. The judges found the request overly broad and unsupported by concrete reasons.
Lawyers for Duterte had asked the Chamber to direct the Registry to hand over all emails, letters, and records of telephone conversations with the medical panel. They said access was needed to verify how the court’s instructions were relayed and to identify which documents—including medical records—were provided to the experts.
The Chamber, chaired by Judge Iulia Motoc, rejected that position, emphasizing that the Registry functions as a neutral intermediary whose task is to transmit the court’s directions to appointed experts. “The Chamber considers that, without further substantiation from the Defence, the disclosure of ‘all communications between the Registry and the three experts’ is not warranted,” the decision stated.
Judges added that the defense already possesses sufficient material to prepare its submissions. They also pointed to an earlier order issued on September 24 granting the defense access to all documents authorized for transmission to the panel. “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,” the ruling said.
According to the Chamber, the joint and individual expert reports—circulated to both parties on December 5, 2025—already outline the instructions received and the materials reviewed in the course of the assessment.
The medical evaluation stemmed from a defense request last August for an indefinite adjournment of proceedings. Prosecutors later pressed for the confirmation of charges to resume, citing expert observations that Duterte was “feigning cognitive impairments in an attempt to avoid trial,” a claim the defense has rejected, describing the reports as “not dispositive” and internally inconsistent.
