The International Criminal Court on Friday denied the request of the camp of former President Rodrigo Duterte to challenge its ruling deeming him fit to face prosecution for crimes against humanity.
In its request, the defense argued the Pre-Trial Chamber I “erred in fact and in law” by ignoring relevant clinical evidence on Duterte’s lack of fitness to stand trial and rejecting the request to hold a hearing on the matter.
The defense also accused the chamber of failing to articulate coherently its decision to proceed with the confirmation proceedings, limiting its assessment of the former president’s fitness to the pre-trial phase, and failing to consider the impact of its finding on Duterte’s ability to stand trial.
However, the three-person chamber said the panel of experts took into consideration the reports provided by the defense when assessing Duterte’s health condition. It also said the defense’s arguments in relation to Duterte’s “memory impairment” were addressed in its January 26 ruling.
“[I]t is clear that the Chamber’s reason not to rely on the defense’s medical reports was to ensure that only information emanating from impartial and neutral sources was taken into consideration in order to ultimately ensure the fairness of the proceedings,” the chamber said.
The chamber emphasized that the January 26 decision “does not prejudge Mr. Duterte’s fitness to stand trial and that it does not preclude any competent chamber of the Court [from revisiting] the issue should the need arise.”
“As argued by the defense and properly noted by the prosecution, Mr. Duterte’s fitness to stand trial is an issue that is likely to be revisited at trial, should all or some of the charges be confirmed,” it said.
In another development, the Court authorized 500 individuals to participate in the proceedings as “victims.”
Duterte has been detained at the ICC in The Hague since March 12, 2025, while awaiting trial in connection with the alleged abuses in his war on drugs when he was Davao City mayor and president.
The confirmation of charges hearing will begin on February 23 and will run until February 27. —VBL, GMA Integrated News
