International Criminal Court (ICC) prosecutors have asked the court to resume proceedings against former President Rodrigo Roa Duterte after a panel of medical experts concluded that he is fit to participate in pre-trial hearings.
“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,” Deputy Prosecutor Mame Mandiye Niyang said in a filing dated Thursday.
The document said the prosecution decided on 24 September 2025 to convene a panel of medical experts to determine “whether and, if so, at what level Mr. Duterte suffers from any medical condition which might affect his ability to follow and take part in the ongoing pre-trial proceedings.”
Each member of the panel interviewed, examined and assessed Duterte in person on 8, 9, 16 and 20 October 2025, the filing said.
“The panel had sufficient time and relevant material before them to conduct their assessments, reach their conclusions, and write their respective reports,” the document added.
The prosecution said the experts found Duterte to be an “unreliable historian” of his health and mental functions, leading prosecutors to conclude that he may be feigning cognitive impairment 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 filing stated.
According to the reports, while Duterte is frail and elderly, all panel members reached the same conclusion that he possesses the necessary capacity to meaningfully exercise his procedural rights and fair trial rights.
To accommodate Duterte’s frailty, the panel, together with the detention center’s medical officer, recommended limiting court sessions to a maximum of four days a week, with no more than two consecutive hearing days and one day without hearings in the middle of the week.
The experts also recommended that court sessions start at 10 a.m. and last no longer than 1.5 hours, with adequate breaks. They further suggested that Duterte be provided with nutritious food suited to his cultural background.