THE legal team of former Philippine President Rodrigo Duterte is challenging a court ruling that declared him fit to stand trial, arguing that the decision ignored clear evidence of mental decline and undermined his right to a fair process.
In an appeal filed in The Hague, Duterte’s lawyers warned that moving forward with a confirmation of charges hearing while the former leader is allegedly unable to meaningfully exercise his legal rights could taint the entire proceedings.
They accused the Pre-Trial Chamber of overlooking “objective facts” about Duterte’s cognitive condition in its effort to fast-track the case.
According to the newly released filing, the court’s conclusion that Duterte was “fully mentally aware and fit” was allegedly reached without a proper neurological evaluation at the time of his initial appearance.
The defense said this lack of assessment renders the ruling baseless and procedurally flawed.
The appeal frames the issue as a critical test of whether the court is prepared to confront medical realities or is prioritizing efficiency over due process.
Lawyers argue that Duterte, once known for his tough and uncompromising leadership style, is now suffering from cognitive impairments affecting his memory, reasoning, and executive function.
The defense cited Duterte’s age and vascular risk factors, warning that his memory is expected to deteriorate further at a time when trials demand heightened mental acuity.
They argued that the court failed to consider how this decline could compromise both the fairness of the proceedings and the efficient use of judicial resources if Duterte is ultimately unable to participate in his own defense.
To support this claim, the filing detailed instances in which Duterte allegedly could not comply with basic legal instructions, including repeatedly forgetting to request his own medical records despite reminders from counsel.
The defense also noted that medical staff at the detention facility do not allow Duterte to manage his own medication, which they argue reflects his impaired mental state.
The legal team sharply criticized the court’s handling of the medical review process, describing it as a case of “extraordinary injustice.”
They alleged that the court attempted to appoint questionable figures to the medical panel, while disregarding findings from both defense-appointed experts and a reportedly independent neuropsychologist who identified similar cognitive deficiencies.
Duterte’s lawyers are seeking permission to appeal on four grounds, including the court’s alleged failure to consider clinical evidence, its refusal to hold an evidentiary hearing to question medical evaluators, and its lack of explanation on how Duterte could manage the complex confirmation of charges stage.
They also stressed the concept of “procedural stamina,” arguing that a suspect with documented memory problems may not be able to endure a trial involving voluminous evidence and prolonged daily hearings.
Rejecting claims that the fitness challenge is a tactic to evade accountability, the defense said compelling a man who cannot retain information or properly instruct his lawyers to stand trial would violate international legal standards.
The filing concludes that holding a confirmation of charges hearing serves little purpose if there is a strong likelihood the accused will ultimately be deemed unfit for trial, urging the Appeals Chamber to intervene before the case proceeds further.