Lawyers representing former President Rodrigo Duterte have asked the International Criminal Court (ICC) to remove two members of the three-person medical panel assigned to evaluate the 80-year-old’s mental fitness for trial.
The defense formally requested the ICC’s Pre-Trial Chamber I to disqualify two court-appointed neuropsychologists—whose names were withheld—from assessing whether Duterte remains capable of participating in proceedings on charges of crimes against humanity over killings linked to his anti-drug campaign.
According to court filings made public this week, Duterte’s camp moved on Sept. 25 to expel one of the experts, a female neuropsychologist, citing an “active and ongoing suspension” imposed by an unidentified professional regulatory body. The filing noted that the suspension had been upheld four times and alleged that the doctor failed to disclose the matter to the ICC Registry when contacted for the role.
“An expert suspended by a domestic regulatory board, and who displays such open contempt for judicial proceedings, should not be allowed to remain on the Registry’s List of Experts,” the defense said in its submission.
They also accused the ICC’s Pre-Trial Chamber, Registry, and Office of the Public Counsel for Victims (OPCV) of neglecting to verify the expert’s credentials, suggesting that a “basic Google search” would have revealed her disciplinary record. The OPCV, headed by Paolina Massidda, dismissed the criticism as “unfounded,” asserting it was not responsible for vetting experts.
A subsequent ICC document dated Oct. 20 confirmed the removal of the suspended doctor, who was replaced by an unnamed male neuropsychologist. But Duterte’s defense team, led by international lawyer Nicholas Kaufman, immediately sought to disqualify the replacement as well, citing “sickeningly offensive” social media posts that allegedly demonstrated bias and unprofessional conduct.
Screenshots of the posts were submitted to the court, though their contents were redacted in the public version of the filing. “The language in the cited posts is so offensive, inappropriate, disrespectful, and unprofessional that it seems self-evident that the Registry cannot be aware of it,” the defense wrote, arguing that the behavior was incompatible with the ICC’s standards of “integrity, professionalism, and impartiality.”
They also questioned the male doctor’s qualifications, noting that he had been certified only six years ago and lacked published academic work aside from a doctoral thesis and one 2015 article.
In its responses, the prosecution agreed that both doctors should be recalled and recommended the appointment of a new neuropsychologist to complete the panel. It also urged the Pre-Trial Chamber to deny Duterte’s ongoing bid for interim release and the suspension of pre-trial proceedings.
The latest motion follows the ICC’s rejection of Duterte’s appeal to disqualify Judges Reine Alapini-Gansou and María del Socorro Flores Liera for alleged bias—an appeal denied unanimously by the tribunal’s full bench of 18 judges. However, Duterte’s team earlier succeeded in having ICC Prosecutor Karim Khan recused due to his prior involvement representing victims in related cases.
Duterte faces three counts of murder tied to 49 violent incidents under his administration’s drug war, which allegedly encouraged police and vigilantes to carry out extrajudicial killings. The Inquirer reported on the developments.
