A redacted filing released by the International Criminal Court (ICC) revealed that former President Rodrigo Duterte’s legal team has asked judges to indefinitely halt proceedings against him, citing his alleged deteriorating mental health.
Duterte’s lead counsel, Nicholas Kaufman, told the court that the 80-year-old ex-leader is suffering from “cognitive impairment in multiple domains” that makes him “unfit to stand trial.” He said the former president’s condition “will not improve” and insisted that further medical tests were unnecessary, pointing out that extensive medical reports had already been submitted.
According to the defense, assessments by their own experts and a neuropsychologist from the ICC detention center concluded that Duterte has significant impairments affecting memory, reasoning, and orientation, leaving him unable to give meaningful instructions to his lawyers or recall key events related to the case. One evaluation bluntly stated that Duterte “will not be able to meaningfully engage with the legal process and is unfit to stand trial.”
Kaufman further noted that concerns about Duterte’s competence surfaced as early as his first appearance before the court in March, when he was observed to be unusually drowsy. Additional medical procedures—including scans and examinations in May—were mentioned in the filing, though their results were withheld from public view.
But human rights lawyer Kristina Conti, representing victims’ families through the group Rise Up for Life and for Rights, cast doubt on the defense’s claims. She pointed out that Duterte’s daughter, Kitty, had publicly reassured supporters that her father was fine. “Who should we believe between Duterte’s children and Duterte’s lawyer?” Conti asked, stressing that the postponement granted by the ICC was not proof of agreement with the defense but a step to allow further assessment, including possible new medical tests.
Conti added that Duterte could still waive his personal appearance at hearings, noting that the issue of trial fitness is usually settled once a full trial begins.
Duterte faces accusations over thousands of killings tied to his administration’s violent anti-drug campaign between 2011 and 2019. A confirmation of charges hearing—meant to determine if prosecutors have enough evidence to move the case to trial—was originally set for September 23. On September 8, ICC’s Pre-Trial Chamber I voted for a “limited postponement” of the proceedings, despite one dissenting judge.
