International Criminal Court (ICC) prosecutors have called for the resumption of proceedings against former President Rodrigo Roa Duterte after medical experts concluded that he is fit to take part in the case.
“The Prosecution submits that based on the unanimous findings of the Experts’ Reports, the Chamber has the necessary information to conclude that Mr Duterte is fit to take part in the pre-trial proceedings, and accordingly, schedule the resumption of the proceedings on the confirmation of charges,” a document penned by Deputy Prosecutor Mame Mandiye Niyang dated Thursday stated.
According to the document, the prosecution issued a decision on 24 September 2025, to convene a panel of medical experts to conduct a medical examination of Duterte to determine “whether and, if so, at what level Mr Duterte suffers from any medical condition which might have an effect on his ability to follow and take part in the ongoing pre-trial proceedings.”
Each panel member interviewed, examined, and assessed Duterte in person on 8, 9, 16, and 20 October 2025.
“The Panel had sufficient time and relevant material before them to conduct their assessments, reach their conclusions, and write their respective reports,” the document read.
The panel of experts described Duterte as an “unreliable historian” of his health and mental functions, leading the prosecution to conclude that he may be feigning cognitive impairments to avoid trial.
“In the Prosecution’s view it strongly appears that Mr Duterte is feigning cognitive impairments in an attempt to avoid a trial on the merits,” the document read.
According to the report, while Duterte is frail and elderly, the panel members reached the same conclusion that he possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights.
To accommodate Duterte’s frailty, the panel and the detention center’s medical officer recommended limiting proceedings to a maximum of four court days a week, with no more than two consecutive hearing days and one hearing-free day in the middle of the week.
They also suggested that court sessions begin at 10 a.m. and last no longer than 1.5 hours, with adequate breaks in between, as well as the provision of nutritious food suited to Duterte’s cultural background.
In addition, the panel provided guidance on the manner of questioning or presenting information to Duterte.