The hague: The International Criminal Court (ICC) has denied the request from former President Rodrigo Duterte's legal team for an additional expert report on his health and cognitive state, asserting that the court already possesses sufficient medical information to evaluate his detention status.
According to Philippines News Agency, the ICC Pre-Trial Chamber 1, in a decision dated January 7, noted that a panel of three independent experts had already submitted comprehensive joint and individual reports in December 2025. These reports assessed Duterte's ability to participate in pre-trial proceedings, which his defense team had contested.
On December 19, 2025, Duterte's defense filed the request for the chamber to urgently commission a new report from the panel. They wanted this report to focus on whether Duterte's cognitive state might allow him to evade ongoing judicial proceedings, intimidate witnesses, or commit further crimes. They also sought a hearing on the periodic review of Duterte's detention, as mandated under Rule 118(3) of the ICC Rules.
On December 23, 2025, the prosecution opposed this request, arguing that the required expert evidence was unnecessary since the chamber already had all the information needed to decide on provisional release. They contended that any alleged deterioration in Duterte's health did not warrant a new expert report nor did it signify a changed circumstance.
The chamber emphasized that the existing expert reports adequately addressed concerns under Article 58(1)(b) of the Rome Statute, including risks of flight, witness interference, or further criminal activity. It concluded that commissioning a new report would exceed the experts' mandate.
Article 58(1)(b) of the Rome Statute empowers the ICC's Pre-Trial Chamber to issue arrest warrants or summons when there are reasonable grounds to suspect someone of crimes within the court's jurisdiction, especially if they might not appear voluntarily or might obstruct justice. This ensures judicial oversight over detention orders for suspects in ongoing investigations.
Additionally, on December 23, the Office of Public Counsel for Victims (OPCV) also opposed the defense's request, citing its lack of legal foundation and suggesting it aimed to encroach on the chamber's function, potentially causing further unjustified delays in the pre-trial proceedings.
The chamber highlighted that the judicial assessment of whether the Article 58(1) conditions are met is solely entrusted to it. It noted that it had received thorough individual and joint reports from three court-appointed independent experts on Duterte's health and cognitive abilities, enabling it to make informed conclusions as necessary within the scope of its assessment of the Article 58(1)(b) conditions.
Duterte's defense counsel sought a new evaluation, arguing that his current cognitive state warranted reassessment to determine if he still posed risks justifying continued detention. They also requested a hearing on the periodic review of his detention.
Prosecutors maintained that there was no significant change in Duterte's health, while representatives of the victims warned that the motion might lead to unnecessary delays.
Duterte has been in ICC custody since March 12, 2025, following his surrender under an arrest warrant related to alleged crimes during his anti-drug campaign. Previous requests for interim release were denied by the Pre-Trial Chamber in September 2025 and upheld on appeal in November.
The court stated it would determine the schedule for a hearing on the periodic review of Duterte's detention at a future date.
