ICC says Duterte’s falls in detention are rare, not frequent as defense claims

The International Criminal Court’s Registry has pushed back against characterizations by Rodrigo Duterte’s defense that the former Philippine president was suffering frequent falls while in ICC custody, saying such incidents had been rare and in line with his age and physical condition.

The Registry’s position was laid out in a redacted document dated May 20, responding to a May 8 defense submission that described Duterte as experiencing “frequent” falls due to loss of balance. The ICC administrative body said custody staff at the Detention Center monitored him around the clock and had been able to respond immediately whenever an incident occurred.

“On rare occasions where Mr. Duterte did have a fall, ICC DC custody staff were able to respond immediately to assist him, and immediately call for medical assessment,” the Registry said.

It added that physical modifications had since been made to his cell to improve his stability and comfort. “Following these rare events, adjustments have been made to his cell, to better accommodate his comfort and movement and are adjusted as needed,” the Registry said, describing these as “ergonomic adjustments.”

The Registry also noted that Duterte’s medical officer had assessed the balance-related incidents as consistent with his age and mobility — and emphasized that no fall had been recorded in the 30 days prior to the document’s release. Duterte, who turned 81 on March 28 while in detention, has his medical records available to his legal team at all times, and his care, the Registry said, “remains assured and under constant attention.”

The May 8 submission was among the final filings by lead defense counsel Nicholas Kaufman before his withdrawal from the case. In it, Kaufman cited Duterte’s “increased fall risk due to age and severe chronic physical ailments” as grounds the court should weigh in considering interim release — a request that Pre-Trial Chamber I had already rejected in September last year. Duterte faces charges of crimes against humanity linked to the killings carried out during his administration’s anti-drug campaign.