Rodrigo Duterte’s initial appearance on 14 March 2025 before Pre-Trial Chamber I of the International Criminal Court. HandoutMANILA — The International Criminal Court (ICC) prosecution has urged Trial Chamber III to declare former president Rodrigo Duterte fit to stand trial, citing unanimous findings from a court-appointed panel of medical experts.
In a submission filed by Acting Prosecutor Mame Mandiaye Niang, the Office of the Prosecutor said the medical findings showed that Duterte has the mental capacity to understand the proceedings and meaningfully exercise his procedural and fair trial rights.
“Based on the unanimous findings in the Experts’ Reports, the Chamber should conclude that Mr Duterte is capable of meaningfully exercising his procedural and fair trial rights and that he is fit for trial,” a document submitted by the prosecution said.
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The submission followed a comprehensive medical evaluation by an independent panel of three multidisciplinary experts appointed by the chamber following a request from Duterte’s defense.
The panel was tasked with assessing whether Duterte could understand the charges and the purpose and consequences of the proceedings, follow courtroom proceedings, understand the evidence, testify if he chooses, and instruct his lawyers in preparing and conducting his defense.
The prosecution said the experts conducted in-person examinations, reviewed updated medical records and consulted clinical and custody staff.
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The filing also addressed defense arguments concerning Duterte’s cognitive abilities and observations made by individual specialists during testing.
However, the prosecution said the panel ultimately reached a unanimous conclusion regarding Duterte’s capacity to meaningfully exercise his procedural and fair trial rights.
The prosecution maintained that the panel’s findings support a determination that Duterte is fit to stand trial.
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‘NO NEED FOR SEPARATE HEARING’
The prosecution also argued that the chamber does not need to hold a separate hearing solely to determine Duterte’s fitness for trial.
“Thus, a decision to hold such a hearing is a discretionary one to be made on a case-by-case basis,” the prosecution said.
The prosecution said the ICC’s regulatory framework, including Rule 135, does not require a dedicated fitness hearing.
“There is no statutory requirement to hold a hearing on fitness to stand trial in the Court’s regulatory framework, nor is one envisioned within the process under rule 135… no further clarifications are needed from the Panel. As such, there is no need to convene a hearing,” the prosecution said.
While seeking a finding that Duterte is fit for trial, the prosecution acknowledged the medical panel’s recommendations on measures that could help him participate effectively in the proceedings.
“Pursuant to the Chamber’s instructions, the Panel provided a number of practical suggestions, including those aimed at facilitating Mr Duterte’s effective participation at trial,” it said.
The recommendations include adjustments to hearing arrangements and other measures intended to accommodate Duterte’s physical well-being during proceedings. Some portions of the recommendations remain redacted in the public filing.
The prosecution said it considers the measures reasonable and would defer to the ICC Registry on their feasibility.
It also noted that some scheduling exceptions could be necessary to accommodate witness testimony.
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PROSECUTION SEEKS FORMAL FINDING OF FITNESS
The prosecution also opposed calls for an immediate reassessment of his fitness, saying there is no continuing statutory requirement for chambers to repeatedly reassess an accused’s fitness.
“There is no ongoing statutory obligation on Chambers to reassess an accused’s fitness… For the above reasons, the Prosecution respectfully requests the Chamber to conclude that Mr Duterte is capable of meaningfully exercising his procedural and fair trial rights, and that he is fit for trial,” it said.
Duterte, who is in ICC custody in The Hague, faces allegations of crimes against humanity over killings linked to his administration’s war on drugs. The ICC says the case concerns alleged murders committed in the Philippines between November 2011 and March 2019.
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