he International Criminal Court (ICC) judges who will hear the case against former President Rodrigo Duterte have ordered that he undergo a fresh medical evaluation ahead of his crimes against humanity trial.
In a ruling issued on 12 June, the judges directed a court-appointed expert to examine Duterte and submit the findings by 18 August, well before the proceedings will begin on 30 November.
“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 deciding as to his fitness to stand trial,” the judges said.
The judges instructed the examiner to assess whether Duterte was mentally and physically capable of participating in his trial and whether any medical condition could affect his ability to understand his case, consult with his lawyers, follow courtroom discussions, or testify should he choose to do so.
Full participation
The expert was also asked to recommend measures to ensure Duterte’s effective participation during the trial.
The 81-year-old Duterte’s defense team had sought a reassessment, arguing that his health should continue to be monitored as the case moves from pretrial proceedings to a full trial.
Duterte has complained of several health issues, including a neuromuscular condition and ailments associated with old age.
In January, the ICC Pre-Trial Chamber I ruled that Duterte was fit to participate in pretrial proceedings after reviewing an earlier medical report.
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 has become necessary because nearly a year would have elapsed between the previous examination and the scheduled opening of the trial on 30 November.
