Duterte defense urges ICC to delay trial citing 'deteriorating' neurological health

Legal counsel for former Philippine President Rodrigo Duterte formally petitioned the International Criminal Court (ICC) to delay setting a trial date, arguing that the 81-year-old’s neurological health is rapidly declining and his right to a fair trial is at risk.

In a 14-page observation filed in advance of a 27 May status conference, lead defense counsel Peter Haynes, KC, asserted that a commencement date is contingent upon a fresh determination of Duterte’s "fitness to stand trial".

The filing follows the 23 April confirmation of charges against the former leader, who has been in custody at The Hague since his arrest in March 2025.

The defense revealed that while a preliminary assessment occurred during the pre-trial phase, Duterte now suffers from a progressive condition—the specific name of which is redacted—that affects his memory, executive function, visuospatial skills, and complex reasoning.

"The Defence contends that it would be inappropriate to attempt to set a date for the commencement of trial as matters presently stand since certain extraneous and unresolved factors will inevitably bear upon that decision," the document read.

The legal team is now requesting that independent experts be appointed to conduct a fresh medical examination and that a mechanism be established for periodic reviews of the former president's fitness throughout the proceedings.

Beyond health concerns, the legal team demanded a minimum five-month lead time following the disclosure of final witness lists, citing the massive scope of a case covering more than *seven years of alleged incidents.

This request draws on ICC precedents where preparation periods for high-profile trials have historically ranged from 14 to 19 months after charges are confirmed.

To ensure Duterte can meaningfully participate, the defense also requested that English be adopted as the working language with simultaneous interpretation into Cebuano, his primary language, and proposed a strict admissibility-based evidence regime to prevent the trial record from being overburdened with irrelevant material.

Outside of the specific filing, recent reports from the ICC Detention Centre describe a series of medical episodes that have heightened concerns, including instances where Duterte reportedly lost his balance and collapsed.

Medical records from March 2026 documented significant cognitive lapses, including one incident where the former president was unable to identify the current date.

These episodes led the ICC Registry to extend health-related cell monitoring for Duterte, whom medical officers described as an elderly detainee with an increased risk of falling due to chronic medical conditions.

These legal maneuvers occur during a period of intense political volatility in the Philippines, as the House of Representatives voted to impeach Vice-President Sara Duterte on the same day the observations were filed.

Simultaneously, an ICC arrest warrant was unsealed for Senator Ronald "Bato" dela Rosa, a top Duterte ally and former police chief, who has since sought refuge within the Philippine Senate building to avoid apprehension.

Trial Chamber III, presided over by Judge Joanna Korner, is scheduled to address these defense observations and begin setting the procedural calendar during the First Status Conference on 27 May.