Former President Rodrigo Duterte is no longer able to recall important details of his life—including events, places, and even members of his own family. This is the heartbreaking claim made by his lawyer, Nicholas Kaufman, before the International Criminal Court (ICC), as he asked for all legal proceedings against Duterte to be adjourned indefinitely.
In a document released on September 11, Kaufman said the 80-year-old former leader lacks the cognitive capacity to defend himself in court.
“In fact, he is not even able to process the reasons for his detention,” Kaufman wrote.
The ICC has since postponed Duterte’s scheduled hearing on September 23, citing the defense’s argument that he is “not fit to stand trial.”
‘Unable to Defend Himself’
According to Kaufman, Duterte’s memory lapses go far beyond simple forgetfulness. He struggles to retain new information and cannot recall basic details—even the faces of close family members or his own defense team.
This, he stressed, makes it impossible for Duterte to fully understand the charges against him or to make informed decisions in his defense.
“Mr. Duterte is unable to contribute to his own defense, rendering his participation in the proceedings totally ineffective,” Kaufman argued.
Worse, he added, Duterte’s condition is unlikely to improve and may even deteriorate further despite medical treatment.
War on Drugs Case
Duterte remains detained at the Scheveningen Prison in The Hague. He faces allegations of crimes against humanity over the bloody war on drugs he spearheaded as Davao City mayor and later as president.
Official government figures recorded over 6,000 deaths in anti-drug operations, but human rights groups believe the real toll could be as high as 30,000, including victims of unreported killings.
Families of those killed have long sought justice, but they also fear retaliation from Duterte’s supporters if the former president were ever allowed to return to the Philippines.
ICC Proceedings Continue
So far, ICC prosecutors have submitted 12 batches of evidence against Duterte, with each batch containing hundreds to thousands of documents. More than 300 victims have also applied to participate in the case.
In August, Duterte’s lawyers also filed a request for his interim release to an undisclosed country, but the court has not ruled on this yet.
For now, the ICC faces a critical question: Should the pursuit of justice continue against a man declared too unfit to stand trial?
