PROSECUTORS at the International Criminal Court (ICC) have opposed a bid by lawyers of former president Rodrigo Duterte to indefinitely adjourn proceedings against him, being mentally unfit to stand trial due to severe and irreversible cognitive decline.
The prosecution urged the judges instead to appoint a team of neutral medical experts to examine Duterte.
In a filing dated Sept. 11, the Office of the Prosecutor said any adjournment should be “strictly limited” to the time required for an independent assessment of Duterte’s condition, warning that indefinite delays would undermine the progress of the case.
Defense lawyers submitted reports from two unnamed specialists who found Duterte unfit to stand trial due to severe cognitive decline. Prosecutors rejected the findings, and have commissioned their own expert review and pressed the chamber to appoint additional independent specialists under Rules 113 and 135 of the court’s Rules of Procedure and Evidence.
The prosecution said the legal threshold for fitness is not the presence of medical conditions, but whether the accused can still exercise fair trial rights — including understanding proceedings, assessing evidence and instructing counsel.
Prosecutors also asked the judges to deny the defense’s request for a status conference, to confine any delay to the medical evaluation process, and to set a schedule that would allow the confirmation of charges hearing to be completed by the end of 2025.
To balance confidentiality with transparency, the prosecution proposed publishing redacted filings while shielding sensitive medical details from the public.
Duterte’s defense team earlier insisted in its own filing that the former president suffers from severe and irreversible cognitive impairment, rendering him unable to understand proceedings, recall events or assist in his defense. They argued that continuing the case would violate his fair trial rights under the Rome Statute.
The defense said multiple medical examinations — including CT scans, MRIs and neuropsychological assessments — showed “significant cognitive deficiencies affecting memory, executive functioning, visuo-constructive abilities and orientation.” The results, it added, were consistent with dementia and confirmed both by defense-hired experts and court-appointed specialists.
The defense further argued that judicial accommodations such as extended breaks, simplified language or courtroom adjustments would not restore Duterte’s ability to participate meaningfully in his trial.
His lawyers accused the ICC Registry of obstructing timely access to medical records despite Duterte’s written consent, claiming that delays in arranging tests had compromised his legal rights.
Citing Article 64(2) of the Rome Statute and Rule 135(4) of the Rules of Procedure and Evidence, the defense said that an accused must be able to comprehend charges, evaluate evidence and instruct counsel — standards Duterte “no longer possesses.”
They petitioned the chamber to indefinitely adjourn all proceedings in the case.
The accusations stem from alleged crimes against humanity Duterte allegedly committed in carrying out his “war on drugs.”
Duterte was surrendered to the ICC last March 12 and appeared by videoconference for his initial hearing two days later.
As an alternative to a full adjournment, the defense asked the judges to convene a status conference to determine Duterte’s competence under ICC rules.
