ICC: Digong fit to stand trial, health 'optimized'

Former president Rodrigo Duterte’s trial involving crimes against humanity is expected to proceed as scheduled on 30 November at the International Criminal Court after the tribunal found him “fit to stand trial.”

This was the second time that the ICC ruled that the 81-year-old ex-leader is physically and mentally capable of participating in the proceedings, despite repeated claims by his lawyers that he remains unfit due to his advanced age and worsening cognitive impairment.

The decision follows a reassessment report by an independent panel of medical experts, which stated that there is “no new evidence that alters our joint opinion given to the pre-trial chamber” in January.

“With respect to the accused’s general health condition, the expert panel reports that his ‘general physical health appears to have been optimized,” read the decision dated 28 September but released only on Thursday, 8 October.

“The expert panel observes that there is an ‘apparent improvement in Mr. Duterte’s health since [its] previous report’ and explains that such an improvement is attributable to ‘the high standard of medical and nursing care, including diagnostic rigor and pharmacological rationalization,” it added.

In a petition in early September, defense lead counsel Peter Haynes claimed that Duterte still suffers from significant memory impairment, preventing him from retaining recent information and reliably accessing memories.

Duterte’s condition, he alleged, makes it challenging for his lawyers to engage him meaningfully with the charges, the alleged incidents of killings, and thousands of items of evidence.

He also claimed that Duterte could barely recognize him as his counsel, and even his family, and that there were instances when he thought “he is living in 2007 or 2008.”

As a result, the defense urged Trial Chamber III to conduct another round of medical examinations, a request that was subsequently granted.

Citing the medical report, the chamber ruled that although Duterte is old and frail, there is “no evidence of worsening of mental state or cognitive abilities” that prohibits him from attending his trial.

“In conclusion, and based on the above, the expert panel unanimously finds that the accused has the capacity to […] understand the charges, the purpose and consequences of the proceedings, follow the course of the proceedings, including the nature and implications of entering a plea, the evidence, and instruct counsel in the preparation and conduct of his defense,” the 17-page ruling states.

In September, Duterte made his first public appearance in over a year since his arrest on 11 March last year, after attending a status conference ahead of his trial. He was present in the courtroom alongside his defense team, looking well and in better spirits.

He is expected to appear again at the next status conference scheduled for Tuesday, 13 October.