ICC seeks updated health check on Duterte as trial preparations intensify

Judges of the International Criminal Court (ICC) have ordered a fresh medical evaluation of former president Rodrigo Duterte months before the start of his crimes against humanity trial.

In a decision issued by Trial Chamber III on 12 June, judges directed a court-appointed medical expert to conduct a fresh examination of Duterte and submit a report by 18 Aug., months before trial proceedings begin in The Hague.

“Given that the Accused is now to stand trial, the Chamber finds that it requires an objective assessment of the Accused’s health by independent experts for the purpose of making a determination as to his fitness to stand trial,” the Chamber said.

Judges instructed the doctors to assess whether Duterte remains mentally and physically capable of participating in trial proceedings and whether any medical condition could affect his ability to understand the case, consult with his lawyers, follow courtroom discussions, or testify should he choose to do so.

The expert was also asked to recommend any measures that may be needed to ensure Duterte's effective participation during the trial.

The 81-year-old Duterte’s defense team previously sought a reassessment, arguing that the former president's health should continue to be monitored as the case moves from pretrial proceedings to a full trial.

Duterte, who is in ICC custody, cited a number of health issues, including a neuromuscular condition and other ailments associated with old age.

In January, however, ICC Pre-Trial Chamber I ruled that Duterte was fit to participate in pretrial proceedings after reviewing an earlier medical report prepared by Elger.

At the time, the chamber concluded that the former president was mentally competent, understood the nature of the proceedings against him, and was capable of exercising his rights before the court.

The judges said a new assessment had become necessary because nearly a year would have elapsed between the previous examination and the scheduled opening of the trial.

The court emphasized that the purpose of the medical review is not to revisit earlier findings but to determine Duterte's current condition and ensure that the proceedings are conducted fairly.

The ICC chamber earlier set 30 Nov. as the start of trial after confirming the charge against Duterte and finding substantial grounds to believe that he may bear criminal responsibility for the alleged crimes.