Defense: Medical records show Duterte unfit for trial; victims' counsel, prosecution reject release bid

The defense team of former president Rodrigo Duterte submitted to the International Criminal Court (ICC) new medical records of the former leader allegedly showing his “cognitive impairment.”

- RAYMUND ANTONIO

The five-page document signed by Duterte’s lead counsel Nicholas Kaufman on Monday, Sept. 29, referred to a July 18 email by the defense to the pretrial chamber about the former president’s medical condition.

“This submission is prompted by urgency, given the relevance of these records to the issue of legal competency sought to be litigated and the outstanding Defence request to hold a status conference prior to the impending judicial summer recess,” the defense wrote.

“These documents were also at issue in the Defence’s urgent request to suspend adjudication on interim release until Mr. Duterte’s medical records — including, inter alia, a neuropsychological evaluation by its proposed expert — were in front of the Chamber,” it added.

Kaufman further argued that the evaluation done on the former chief executive confirmed “cognitive impairment,” which has been “long suspected.”

"Indeed, even in an absence of clarity or consensus on aetiology or severity, both medical professionals agree on the existence of the impairment itself, with the 23 June 2025 neuropsychology report corroborating and supporting the findings of [REDACTED]'s report of 29 May 2025," he stressed.

Duterte's medical condition, the lawyer said, warrants the litigation of the matter before a confirmation of charges hearing is held.

The ICC's pre-trial chamber has suspended the Sept. 23 scheduled confirmation of charges hearing after the defense argued that Duterte is unfit to stand trial and that he is having difficulties recalling events, dates, and even members of his own family.