Defense lawyers for former Philippine president Rodrigo Duterte have asked judges of the International Criminal Court to direct an independent medical assessment focused on whether his physical and mental condition eliminates any realistic risk of obstructing justice.
In an eight-page filing dated December 19, lead counsel Nicholas Kaufman argued that Mr. Duterte’s condition has worsened, pointing to medical materials already on record, including findings by a panel designated by Pre-Trial Chamber I that described him as elderly and frail and noted “unexplained weight loss.” The defense contends these circumstances undermine the legal basis for detention under Article 58 of the Rome Statute, which addresses risks such as flight, witness interference, or continued criminal conduct.
According to the motion, Mr. Duterte requires constant assistance for everyday activities and therefore cannot “much less actualise risk factors” contemplated by Article 58. The defense also faulted the court for previously declining requests for status conferences, asserting that an in-court appearance would have demonstrated the extent of his infirmity and the incompatibility of claims that he could flee, intimidate witnesses, or commit crimes.
The filing asks judges to instruct the existing medical panel to prepare a report specifically examining “whether Duterte’s current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes,” and to do so on an urgent timetable. It further seeks a hearing for the mandatory periodic review of detention under Rule 118(3).
Prosecutors have taken the opposite view, previously urging the chamber to recognize that Mr. Duterte is capable of meaningfully exercising his procedural rights and is fit to take part in pre-trial steps, including a confirmation of charges hearing. That position also relied on the court-appointed experts, who concluded that, despite age and frailty, he retains the capacities necessary for fair-trial participation. The prosecution has additionally cited the panel’s unanimous observation that Mr. Duterte is “an unreliable historian concerning his health and mental functions.”
Mr. Duterte has been in ICC custody for nine months in connection with alleged crimes against humanity tied to his administration’s anti-drug campaign. Government figures have placed the death toll at more than 6,000, while human rights groups estimate substantially higher numbers.Duterte lawyers ask ICC for fresh medical check to review detention
