Rodrigo Duterte to remain under ICC custody amid health evaluation

October 20 ------ FORMER president Rodrigo Duterte will remain under the custody of the International Criminal Court (ICC) even if medical experts declare him unfit to stand trial, according to the lawyer for the victims of Duterte’s war on drugs.

Kristina Conti said that under ICC rules, a finding of unfitness would only result in an adjournment — not a dismissal — of the case. “He will remain in the custody of the ICC and the case will be reviewed every 120 days,” she said in a post on X (formerly Twitter) over the weekend. Conti’s statement followed the ICC’s order for a medical examination of Duterte to determine whether he is capable of participating in pre-trial proceedings in connection with alleged crimes against humanity committed during his administration’s war on drugs.

In a nine-page decision dated Oct. 16, the ICC Pre-Trial Chamber I appointed a panel of three independent medical experts — a forensic psychiatrist, a neuropsychologist, and a geriatric and behavioral neurologist — to assess Duterte’s condition and capacity to follow the proceedings. The chamber, composed of Judges Iulia Antoanella Motoc (presiding), Reine Adélaïde Sophie Alapini-Gansou, and María del Socorro Flores Liera, directed the ICC Registry to facilitate the examination and to provide the experts with Duterte’s full medical records. Some of these records, written in Dutch, are being translated into English ahead of the evaluation.

The panel’s confidential report is due on Oct. 31, while the prosecution, the defense, and the Office of Public Counsel for Victims (OPCV) have until Nov. 5 to submit their observations. Conti confirmed that the same deadlines were communicated to all parties, noting that the panel’s composition reflects a multidisciplinary approach suited to the “complex and contested” questions surrounding Duterte’s health. “If the reports convince the judges to declare him fit to stand trial, then the hearing on the confirmation of charges can be rescheduled the soonest possible,” she said. “We hope to have the charges finalized and the trial start in 2026.”

The ICC emphasized that the question of fitness is not purely medical but a legal determination — focused on whether the accused can understand the charges and evidence against him and effectively instruct counsel for his defense. The court made the ruling in response to a defense motion filed in August seeking an indefinite suspension of proceedings, citing Duterte’s alleged deteriorating health.

The chamber subsequently postponed the confirmation of charges hearing “until further notice” while evaluating his condition. Conti said Duterte’s medical fitness has become a “contentious issue” in The Hague due to “conflicting narratives and utterly confusing messages” about his health. “The decision should facilitate and lead to the prompt resolution of this issue, and the swift resumption of proceedings in the Duterte case,” she said. “On the part of the victims, we are closely monitoring the process to ensure that the rights of all parties are observed and fulfilled, and that any delaying tactic is offset.”

Source: manilatimes.net