Judges of the International Criminal Court (ICC) Pre-Trial Chamber have ruled that former Philippine president Rodrigo Duterte is mentally fit to participate in pre-trial proceedings, rejecting defense claims that alleged cognitive impairment should suspend the case.
In a 25-page decision, the Chamber said it was satisfied that Duterte is capable of effectively exercising his procedural rights. The judges found that he can understand the charges against him, follow the evidence presented, grasp the purpose and possible consequences of the proceedings, and properly instruct his legal counsel.
The ruling relied heavily on the conclusions of an independent, court-appointed panel composed of three medical experts specializing in forensic psychiatry, neuropsychology, and geriatric and behavioural neurology.
The Chamber emphasized that fitness to stand trial is a legal determination and does not automatically depend on the presence of medical conditions. Instead, the key issue is whether such conditions prevent a suspect from meaningfully participating in proceedings.
While the experts identified certain cognitive concerns, the judges highlighted the panel’s unanimous conclusion that these issues do not impair Duterte’s ability to take part in the case. One expert assessment cited by the court stated that Duterte retains the functional mental capacity to understand the charges, follow the evidence, and direct his defense.
Judges also approved specific medical accommodations and practical adjustments during hearings, as recommended by the experts, to support Duterte’s participation.
The confirmation of charges hearing had been delayed for several months after the defense requested an indefinite adjournment, arguing that Duterte was unfit to proceed. Proceedings were temporarily suspended to allow for comprehensive medical examinations and submissions from prosecutors, victims’ representatives, and the defense.
In its latest ruling, the Chamber rejected further delays and declined to hold an additional evidentiary hearing, finding the expert reports clear, reliable, and sufficient.
With the fitness issue resolved, the ICC ordered the case to move forward. The confirmation of charges hearing is scheduled to resume on February 23 at the ICC in The Hague, where judges will determine whether prosecutors have enough evidence to commit the case to trial.
Duterte faces charges of crimes against humanity related to alleged killings linked to his anti-drug campaign during his tenure as mayor of Davao City and later as president of the Philippines.
