MANILA, Philippines — Defense lawyers for former president Rodrigo Duterte have asked the International Criminal Court (ICC) to order further neurological examinations, arguing that experts assessing his fitness for trial left a key medical question unresolved.
In a public redacted filing dated Sept. 14, the Duterte defense team led by Peter Haynes challenged the findings of the three-member Panel of Experts, saying it had not exhausted available examinations that could help determine the cause of Duterte's documented cognitive difficulties.
The defense said the additional examinations could clarify whether his poor performance on cognitive tests reflected an underlying neurological condition, rather than malingering or lack of motivation.
It said Duterte suffers from “significant memory impairment” that affects his ability to retain recent information and reliably access memories, which the defense argued impairs his ability to engage with the charges, alleged incidents and tens of thousands of disclosed items of evidence, as well as to give instructions to his lead counsel, “whose name he only sometimes remembers.”
The defense said the neurologist on the panel acknowledged that further examinations not requiring Duterte's cooperation were available but were not conducted. According to the filing, Duterte had indicated in October that he would consent to such an examination.
The defense also challenged the panel's conclusion that Duterte retains the capacities necessary to participate meaningfully in the trial.
It cited interviews in which Duterte allegedly could not remember that the panel had examined him nearly 10 months earlier, could not accurately place certain events, demonstrated only a “rudimentary” understanding of the charges and was uncertain about the identity of his own counsel.
The defense further disputed one expert's explanation of Duterte's memory lapses, saying an assertion concerning visits by family members was contradicted by public records and video evidence.
“The Trial Chamber cannot be expected to treat these severe limitations in his abilities as mere underperformance on the part of the accused,” the defense said.
The defense asked Trial Chamber III to direct the neurologist, with Registry assistance, to conduct the necessary ancillary examinations to confirm or exclude a condition identified in the redacted filing and for the panel to consider the results.
