Duterte lawyers seek more medical tests for ICC trial fitness

MANILA, Philippines — Lawyers for former President Rodrigo Duterte are seeking additional medical examinations to fully determine his fitness to stand trial before the International Criminal Court (ICC). The defense team argues that a medical panel's assessment of the former president's condition is incomplete and the evidence collected does not support its conclusion. The medical panel, composed of experts in forensic psychiatry, geriatric and behavioral neurology, and neuropsychology, found that Duterte "retains all the capacities necessary to participate meaningfully in the trial," according to defense filings. However, lawyer Peter Haynes stated that the defense "struggles to understand" how the panel reached its conclusions, pointing out that the answers Duterte provided during interviews and the medical records made available suggest a different outcome. The defense further contends that the fundamental question of whether Mr. Duterte's acknowledged memory and executive-function impairments stem from a neurological condition affecting his ability to meaningfully exercise his trial rights remains unresolved. Haynes highlighted that one of the experts did not conduct all necessary tests to ascertain if Duterte possesses the abilities required to fully exercise his rights in the proceedings. The defense urges the experts to strictly adhere to their instructions and exhaust all available examinations, particularly those not dependent on the patient's cooperation, to provide the judges with a more robust evidentiary basis for their determination. In contrast, the prosecution has already urged the trial chamber to declare Duterte fit to stand trial, citing the findings of the medical experts. The Trial Chamber is expected to issue a written decision on this matter soon. Meanwhile, Malacañang stated that based on live footage of the former president's first in-person appearance before the international tribunal on Wednesday, Duterte appeared to be in good condition. However, Senators Robinhood Padilla and JV Ejercito expressed sadness over the "frail" physical state of the former president. Padilla admitted to shedding tears upon seeing footage of Duterte, who appeared in court wearing a black jacket and a different hairstyle. He expressed concern that detention might be too much for an 81-year-old. Ejercito echoed this sentiment, noting that the former president looked "very thin," comparing his appearance to that of the late Filipino comedian Palito. When asked about the victims of alleged extrajudicial killings during the Duterte administration, Ejercito deferred to the justice system and historical judgment, stating, "Let justice take its course. History will be the final judge, not us." — Alexis Romero, Neil Jayson Servallos