The camp of former president Rodrigo Duterte has asked the International Criminal Court (ICC) to allow the same panel of medical experts—who earlier found him fit to stand trial—to determine whether he still poses a risk of obstructing proceedings despite claims of deteriorating health.

In an eight-page filing dated 19 December, Duterte’s lead counsel, Nicholas Kaufman, urged the court to direct the panel to submit a report assessing whether the 80-year-old former leader remains capable of meeting the risk factors under Article 58(1)(b) of the Rome Statute.

The provision outlines grounds for continued detention of an accused, including flight risk, the likelihood of committing further crimes, or the possibility of obstructing or endangering the investigation.

Kaufman has repeatedly argued that these conditions were not sufficiently established and should therefore justify Duterte’s temporary release from detention pending the confirmation of charges hearing.

“The passage of time has had a deleterious impact on Mr. Duterte’s medical condition, with the panel agreeing that he is old, frail, and suffering from ‘unexplained weight loss’,” the submission reads.

“In light of the aforementioned, the Pre-Trial Chamber is requested to order the panel to issue a report focusing on whether Mr. Duterte’s current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes,” it added.

The latest filing followed a medical examination conducted by experts appointed by the ICC, which found Duterte mentally fit to participate in pre-trial proceedings—contrary to earlier claims by the defense.

The confirmation of charges hearing—where judges of ICC Pre-Trial Chamber I will decide whether the case should proceed to trial—was originally set for 23 September but was indefinitely postponed to allow for a medical assessment prompted by defense claims of “cognitive impairment.”

The medical panel’s report has not been made public, though submissions from both the prosecution and the defense confirmed that Duterte was found fit to stand trial.

The panel, however, acknowledged that Duterte is “old, frail, and suffering from unexplained weight loss,” according to Kaufman.

The defense argued that because prosecutors objected to the medical reports initially submitted by Duterte’s camp in support of interim release, the court-appointed panel should instead issue an objective assessment to help the chamber “more accurately assess whether any risks emanating from Mr. Duterte can be sufficiently mitigated.”

Kaufman asked that the request be acted upon urgently.

Kaufman had earlier sought Duterte’s interim release as early as 12 June, citing his advanced age and alleged declining health, including memory loss, which he claimed rendered Duterte unable to meaningfully participate in his defense.

Both the prosecution and lawyers representing drug war victims opposed the request, arguing that the claims failed to establish Duterte’s unfitness to stand trial.

The ICC Pre-Trial Chamber I denied the petition for interim release, a ruling that was later upheld by the Appeals Chamber.