Marilyn Cahatol

Former President Rodrigo Duterte  on November 13, 2024 during the Quad-Comm hearing on the extrajudicial killings, addressing alleged human rights violations from his administration’s war on drugs. Maria Tan, ABS-CBN News

Article (news)

Quad-Comm Hearing

Carlos Trazo

ABS-CBN News

<p>THE HAGUE, Netherlands — The Office of Public Counsel for Victims (OPCV) has urged the International Criminal Court (ICC) to set the confirmation of charges hearing against former president Rodrigo Duterte “without further delay,” citing a panel of medical experts who unanimously found him fit to participate.</p><p>In a confidential filing to Pre-Trial Chamber I, OPCV Principal Counsel Paolina Massidda said the experts’ joint and individual reports showed no medical condition that would prevent Duterte from exercising his rights during the pre-trial phase. </p><p>The OPCV stressed that victims are entitled to an expeditious process, noting that the experts concluded Duterte meets ICC jurisprudence standards for fitness to stand trial. </p><p>“The relevant legal criteria for Mr. Duterte’s fitness to participate in the confirmation of charges hearings are fulfilled, there exist no obstacles that would prevent Mr. Duterte from meaningfully exercising his procedural rights,” the OPCV submission stated.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/12/19/icc-prosecutors-say-duterte-is-feigning-cognitive-impairment-to-avoid-trial-1206">ICC prosecutors say Duterte is ‘feigning cognitive impairment’ to avoid trial</a></div><p>Duterte’s defense team, however, has strongly contested the findings, arguing that while the former president understands the nature of the criminal process and can superficially enter a plea, his short-term memory is demonstrably impaired. </p><p>Counsel said Duterte cannot retain information for more than a short period, making it impossible to work with him as his instructions change daily. </p><p>He is allegedly unable to assess evidence, compare testimony, or recall information needed to instruct counsel effectively. </p><p>“He may hear evidence in Court, but he will have forgotten it by the time he needs to compare it against other evidence. He is thus incapable of following a trial, of exercising appropriate discretion, and of making informed decisions,” the defense argued, adding that fairness is undermined if a suspect cannot defend himself or properly instruct counsel.</p><p>The dispute stems from the defense’s request last August for an indefinite adjournment of proceedings, citing medical findings from its own experts and a neuropsychologist appointed by the ICCDC Medical Officer. </p><p>The Chamber later ordered further examinations, finalizing a panel of experts in November whose reports were transmitted on December 5. </p><p>While the OPCV highlighted the panel’s conclusion that no barriers exist to Duterte’s participation, the defense maintains that meaningful participation requires more than basic comprehension and that the Chamber must holistically assess whether Duterte can truly exercise his fair trial rights.</p><p>In its latest submissions, the defense insisted that the panel’s reports are not dispositive and cannot be treated as the final word on Duterte’s competency. </p><p>It noted internal contradictions among the experts even as they agreed on certain points, such as Duterte being frail, suffering hearing loss and unexplained weight loss, and being an unreliable historian of his own health and symptoms. </p><p>The defense pointed out that specialists disagreed on the causes of Duterte’s cognitive impairment, with the most qualified neurologist discounting certain conditions while others suggested possible underlying factors. </p><p>All panel experts acknowledged deficiencies in cognitive domains critical for trial fitness, particularly working memory needed to instruct counsel. </p><p>While experts noted poor test results, they did not conclude deliberate malingering, but the defense argued this underperformance likely masks real impairment.</p><p>Counsel also emphasized that observations from ICC Detention Centre staff suggested memory lapses in everyday settings, which were not fully integrated into the panel’s conclusions. </p><p>Duterte’s multiple medical issues were not adequately considered, the defense said, and even the panel’s own recommended accommodations, such as simplified questioning, repeated instructions, short breaks, and spoon-feeding information in accessible formats, contradict the claim of low cognitive impairment. </p><p>These measures, the defense argued, are suitable only for a functionally impaired individual and require further clarification.</p><p>The defense further submitted that the only issue in dispute is whether Duterte can exercise his short-term memory faculties to retain information heard during legal counselling and courtroom proceedings, process it, and provide effective instructions to counsel. </p><p>It argued that the panel’s conclusions fail to address this central question, noting that some experts relied on responses that did not touch on short-term memory, while others applied standards of proof rejected by ICC jurisprudence. </p><p>The defense said the experts did not integrate observed short-term memory deficits, such as forgetting visits of counsel, advice given only hours earlier, or repeatedly asking questions after forgetting answers provided minutes before.</p><p>Although the panel considers Duterte competent for pre-trial proceedings, the defense maintained that the conflicting methodologies and conclusions undermine the overall weight of the joint finding. </p><p>It stressed that the experts may not fully appreciate the complexity of ICC confirmation hearings, which require familiarity with thousands of items of evidence spanning years of investigation. </p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/12/19/icc-pre-trial-chamber-urged-to-set-date-for-duterte-s-confirmation-of-charges-hearing-soon-0006">ICC Pre-Trial Chamber urged to set date for Duterte’s confirmation of charges hearing soon</a></div><p>For this reason, the defense asked the Pre-Trial Chamber to convene an evidentiary hearing where parties could clarify the experts’ conclusions, methodologies, and the manner in which instructions were communicated. </p><p>Such hearings, it noted, are standard practice in many jurisdictions and before international tribunals.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/12/19/icc-victims-counsel-urges-rejection-of-defense-bid-to-access-victim-identities-in-duterte-trial-2336">ICC victims’ counsel urges rejection of defense bid to access victim identities in Duterte trial</a></div><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/7O18LRIobhE?si=LF3dNCH93g2Jj8AN" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe></div>

<p>The Office of Public Counsel for Victims (OPCV) has urged the International Criminal Court (ICC) to set the confirmation of charges hearing against former president Rodrigo Duterte “without further delay,” citing a panel of medical experts who unanimously found him fit to participate.</p>

The Office of Public Counsel for Victims (OPCV) has urged the International Criminal Court (ICC) to set the confirmation of charges hearing against former president Rodrigo Duterte “without further delay,” citing a panel of medical experts who unanimously found him fit to participate.

Victims’ counsel urges ICC to proceed with Duterte confirmation hearing; defense insists ex-president unfit to stand trial

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Victims’ counsel urges ICC to proceed with Duterte confirmation hearing; defense insists ex-president unfit to stand trial

Carlos Trazo,

ABS-CBN News

Published Dec 20, 2025 02:55 PM PHT

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fit to participate

Office of Public Counsel for Victims

Rodrigo Duterte

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