PH TRUTH COMMISSION SAYS ICC FITNESS RULING CLEARS THE WAY FOR DUTERTE TRIAL TO BEGIN

MANILA — The Philippine Truth Commission announced that the International Criminal Court’s (ICC) decision declaring former President Rodrigo Duterte fit to open the path for upcoming legal proceedings.

The official proceedings regarding the alleged crimes against humanity case tied to the former chief executive are set to commence on November 30.

Carlos Conde, commissioner and spokesperson for the Truth Commission, highlighted the significance of the development in a statement released over the weekend.

“The court’s decision removes the last major obstacle to a trial that the families of those killed during Rodrigo Duterte’s ‘drug war’ have waited years to see,” Conde said.

​Conde noted that the decision ensures Duterte will face charges in an open court environment, enabling testimonies and evidence concerning the anti-drug campaign to be formally examined. The Philippine Truth Commission—an independent, civilian-led body chaired by former ICC Judge Raul Pangalangan and established by civic and church leaders in May—aims to record human rights abuses, support accountability, and uphold the rule of law.

The ICC Trial Chamber III publicized its September 28 decision on October 8, dismissing the defense team’s motions for extra medical tests and direct questioning of evaluation experts.

Grounded on findings from a three-member medical panel appointed in June, the Chamber concluded that Duterte is capable of understanding the charges, following the proceedings, evaluating evidence, and communicating effectively with his legal counsel.

​While the defense contended that Duterte experiences significant memory loss and cognitive hindrances, the judges dismissed these claims as mild or pre-clinical, pointing out inconsistencies indicative of underperformance during testing. The court also clarified that reviewing massive volumes of documentary evidence rests primarily with the defense lawyers rather than the accused personally.

Acknowledging Duterte’s physical frailty, the Trial Chamber instructed the Registry to provide hearing support, regular breaks for rest, food, and medication, nursing assistance, and continuous health monitoring by the ICC Detention Centre Medical Officer.

Furthermore, judges plan to use a flexible scheduling framework tailored to the specific needs of the witnesses and the defendant.

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