The International Criminal Court (ICC) Prosecution has proposed the creation of a multidisciplinary panel of medical experts to determine whether former Philippine President Rodrigo Duterte is fit to stand trial for alleged crimes against humanity.
In a nine-page filing dated October 9, Deputy Prosecutor Mame Mandiaye Niang recommended that the panel include at least three specialists—one each in forensic psychiatry, neuropsychology, and behavioral neurology—drawn from a shortlist vetted by the ICC Registry.
“The Prosecution notes that these experts were each identified as suitable experts by the Registry independent of any recommendation by the Prosecution or the Defence and have confirmed their interest and availability to the Registry,” the filing stated.
One proposed forensic psychiatrist reportedly has extensive experience providing expert testimony before international judicial bodies and has confirmed availability to travel to The Hague and deliver a report within days. The Registry also identified alternative experts in the same field for possible inclusion.
According to the report, the behavioral neurologist and cognitive neuroscientist on the shortlist have also expressed readiness to participate in the assessment scheduled between September and October.
However, the Prosecution objected to a neuropsychologist recommended by the defense, citing concerns about potential bias.
The appointed experts are tasked with evaluating whether Duterte suffers from any medical condition that could affect his ability to follow and participate in pre-trial proceedings, including understanding the charges, evidence, and implications of the case, and effectively communicating with his counsel.
Separately, the Principal Counsel of the Office of Public Counsel for Victims (OPCV), Paolina Massidda, also supported the appointment of the proposed panel.
In her own filing dated October 8, Massidda wrote that “a panel of experts with expertise in forensic psychiatry, neuropsychology, and behavioural neurology should be appointed to determine whether Mr. Duterte suffers from any medical condition(s) that might impact his ability to take part in the pre-trial proceedings.”
She added that appointing an expert in gerontology was unnecessary at this stage, noting that the shortlisted experts already possess the required credentials. She also emphasized that, given Duterte’s fluency in English, selecting English-speaking experts would help ensure smoother proceedings.
