The newly appointed lead defense counsel for former Philippine President Rodrigo Duterte has formally requested international judges to reassess the ex-leader’s fitness to stand trial, asserting that his health condition is actively worsening.
In a 14-page submission filed on May 15 ahead of the International Criminal Court (ICC) Trial Chamber III’s inaugural status conference slated for later this month, British barrister Peter Haynes argued that scheduling a definitive trial date would be premature while critical questions regarding Duterte’s health and competence remain unresolved.
“In particular, the Defence position is that a commencement is contingent upon a determination by the Trial Chamber of Mr. Duterte’s fitness to stand trial,” Haynes wrote.
“Whilst a determination of Mr. Duterte’s competence was undertaken during the pre-trial phase on the basis of written reports, his condition continues to deteriorate and will need more fully to be reviewed before any trial may commence,” he added.
The motion marks the first official legal submission by Haynes since taking over the helm of the defense team following the sudden withdrawal of Duterte’s former lead counsel, Nicholas Kaufman.
The 81-year-old former president was previously declared mentally and physically fit to navigate the pre-trial proceedings by ICC Pre-Trial Chamber I, a ruling backed by the findings of an independent medical panel.
However, Haynes contended that the grueling demands of a full trial present an entirely different challenge compared to the initial pre-trial phases.
“A trial requires the accused to follow extensive oral and documentary evidence over a prolonged period, maintain sustained communication with his defence team, provide instructions, and engage continuously with the evolving evidentiary record,” Haynes stated. “In this context, sustained cognitive endurance assumes particular importance.”
To address these concerns, the defense revealed its intention to request a comprehensive, updated evaluation of the former chief executive conducted by independent medical experts.
“The Defence intends to request that Mr. Duterte be examined by independent experts for the purposes of the trial phase and that the experts responsible for those assessments be examined before the Court,” Haynes noted.
Furthermore, Haynes urged the tribunal to mandate verbal or viva voce testimonies during any forthcoming fitness evaluation and proposed the creation of a structural mechanism to periodically review Duterte’s health should the trial move forward.
Beyond medical arguments, the defense team emphasized that it would require significant time to adequately prepare a defense against the allegations of crimes against humanity linked to the Duterte administration’s anti-drug crackdown.
Haynes pointed to historical ICC precedents where trials commenced more than a year after the initial confirmation of charges.
The defense team has additionally requested clearer guidelines regarding witness procedures, the exact scope of the prosecution’s charges, evidence disclosure timelines, and the overall rules governing the presentation of evidence.