FORMER president Rodrigo Duterte will undergo a new medical examination ahead of his scheduled trial before the International Criminal Court (ICC), even as judges have eased one of the communication restrictions imposed on him while he remains in detention in The Hague.
In two separate decisions released this week, ICC Trial Chamber III ordered an independent assessment of Duterte’s health to determine whether he is fit to stand trial on crimes against humanity charges and granted a request allowing him to resume contact with a redacted individual while maintaining broader monitoring measures.
The trial is scheduled to begin on Nov. 30, 2026.
In a June 12 decision, the chamber reappointed the same three medical experts who evaluated Duterte during the pre-trial phase. The panel includes specialists in forensic psychiatry, geriatric and behavioral neurology, and neuropsychology.
Although a pre-trial chamber had earlier found Duterte fit to participate in pre-trial proceedings, Trial Chamber III said it requires its own independent assessment before the start of trial.
“The chamber finds that it requires an objective assessment of the accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial,” the judges said.
The defense had sought the new examination, arguing that Duterte’s condition “continues to deteriorate” and that his fitness should be reassessed before trial proceedings commence.
The experts, whose names were redacted in the public version of the ruling, were previously admitted to the ICC’s List of Experts and had already been accepted by both the prosecution and the defense during the pre-trial stage.
Under the chamber’s instructions, the panel must determine whether Duterte has the capacity to understand the charges against him, follow court proceedings, instruct his legal counsel, and endure full-time trial hearings. The experts were also directed to recommend any accommodations or special measures that may be necessary in light of his medical condition.
The chamber ordered the experts to submit their joint or individual reports by Aug. 18, 2026, while parties and participants may file observations on the findings by Aug. 31.
In a separate ruling dated June 11, Trial Chamber III approved a request by Duterte’s defense team to modify existing restrictions on his communications while in detention.
The chamber directed the ICC Registry to add a redacted individual to Duterte’s list of non-privileged contacts, allowing calls and visits that had previously been prohibited.
However, the court kept in place the broader communication restrictions and monitoring regime governing Duterte’s contacts.
Duterte’s lawyers filed the request on May 29, asking the court to permit communication with the individual while retaining the safeguards already imposed by the court.
The prosecution did not oppose the request provided that the existing restrictions remained in effect. The ICC Registry reported no concerns and informed the chamber that it could continue monitoring communications if the request was granted.
The court also considered an assessment by the Victims and Witnesses Unit, which found no reason to object to the defense request as long as the current restrictions remained in force.
In its ruling, the chamber recalled that detainees have the right to communicate with family members and other individuals, receive correspondence, and accept visits under ICC regulations.
The judges also referred to Duterte’s right to privacy and family life, language that suggests — but does not confirm — that the person involved may be a family member or someone with a close personal relationship to the former president. The ruling does not identify the individual, however, and any conclusion beyond the redacted record would be speculative.
