THE Registry of the International Criminal Court (ICC) has pushed back against a Pre-Trial Chamber order directing its Medical Officer to assess the fitness of former Philippine President Rodrigo Duterte to stand trial.
In a publicly redacted filing dated August 28, the Registry argued that such an order exceeds the Medical Officer’s mandate and violates ethical standards.
The submission came in response to Duterte’s defense request for an “indefinite adjournment” of proceedings, citing alleged cognitive impairments that they claim render him unfit to stand trial.
The Pre-Trial Chamber had instructed the Registry to provide a report detailing Duterte’s health management, the impact of any medical condition on his ability to participate in hearings, and possible special accommodations.
However, the Registry said the Medical Officer is not authorized to make such determinations, emphasizing that doing so would compromise physician confidentiality, trust, and independence.
The Registry clarified that only a qualified external expert, not the ICC’s in-house Medical Officer, can evaluate a detainee’s long-term fitness for trial.
It also noted that disclosure of Duterte’s medical records would require his “express written consent.”
Signed by Marc Dubuisson on behalf of Registrar Osvaldo Zavala Giler, the filing said the Medical Officer could provide a factual report on Duterte’s medical care at the detention center if Duterte consents.
Still, it reiterated that a roster of independent experts is available should the Chamber proceed with a formal medical assessment.
Duterte remains in ICC custody, facing charges of crimes against humanity stemming from his administration’s deadly “war on drugs.”