A LAWYER representing victims in the crimes against humanity case against former president Rodrigo Duterte before the International Criminal Court (ICC) said the court’s order for a new medical examination does not automatically mean the trial will be delayed.
Gilbert Andres said the assessment is a standard procedure aimed at ensuring that an accused person is fit to stand trial and able to exercise legal rights.
“This is part of fair trial rights, or the right of the accused to a fair proceeding,” Andres said in an interview Tuesday.
He said the ICC evaluates whether an accused understands the charges and proceedings, is aware of his rights, and can properly instruct legal counsel.
He also noted that under ICC Rule 135, fitness-to-stand-trial determinations are subject to regular review.
“Actually, if we look at the rules of procedure itself under Rule 135, the determination can really be done regularly. There is a review every 120 days. Just like in detention, there is also a review every 120 days. The same applies to fitness to stand trial,” he said.
Andres said the periodic reviews are part of the ICC’s safeguards to ensure fairness and due process throughout the proceedings.
The statement came after ICC Trial Chamber III ordered a fresh medical examination of Duterte on June 12 to determine whether he remains fit to stand trial.
The chamber said the updated assessment is necessary to evaluate Duterte’s ability to understand the proceedings, follow the trial, instruct his lawyers, and exercise his fair trial rights.
The court directed a three-member panel of experts in forensic psychiatry, neurology, and neuropsychology to conduct the examination and determine whether Duterte’s condition has changed since an earlier assessment conducted during the pre-trial stage.
Duterte was surrendered to the ICC in March 2025 following the issuance of an arrest warrant linked to the court’s investigation into alleged crimes connected to his administration’s anti-drug campaign.
Trial proceedings are scheduled to begin on Nov. 30, 2026. The ICC emphasized that while medical experts will provide recommendations, the final determination on Duterte’s fitness to stand trial rests with the chamber.
