MANILA — The International Criminal Court (ICC) has denied a request by the camp of former Philippine president Rodrigo Duterte to obtain private communications between the Court’s Registry and independent medical experts tasked to assess his fitness to stand trial.
In a five-page decision dated December 23, 2025, ICC Pre-Trial Chamber I ruled that the defense failed to show sufficient grounds to justify what it described as an “urgent” disclosure of the communications.
Duterte’s legal team had asked the court to compel the Registry to release all emails, letters, and records of telephone conversations exchanged with the medical panel.
The defense argued that access to these materials was necessary to determine how the court’s instructions were relayed and to clarify what documents, including Duterte’s medical records, were provided to the experts.
The Chamber, presided over by Judge Iulia Motoc, rejected the request, emphasizing that the Registry serves as a neutral organ of the court, with a limited role in facilitating communication and transmitting instructions to court-appointed experts.
“Without further substantiation from the Defence, the disclosure of ‘all communications between the Registry and the three experts’ is not warranted,” the ruling stated.
The judges also noted that the defense already possesses all information needed to prepare its submissions, including access to the materials authorized by the court.
The Chamber cited an earlier decision issued on September 24 granting the defense full access to documents transmitted to the experts.
“Absent any indication that the Registry did not comply with these instructions, the Chamber considers that the Defence is already fully aware of the materials transmitted to the Panel,” the decision added.
The court further pointed out that the joint and individual reports submitted by the medical experts on December 5, 2025, already reference the instructions and materials used in evaluating Duterte’s condition.
The medical assessment was ordered after Duterte’s lawyers sought an “indefinite adjournment” of the proceedings in August 2025, citing health concerns.
The Office of the Prosecutor has since pushed for the resumption of the confirmation of charges hearings, citing expert findings suggesting that Duterte was exaggerating or feigning cognitive impairment to avoid trial.
Duterte’s defense has challenged those conclusions, arguing that the medical reports are inconsistent and not conclusive.
The former president was arrested in March 2025 and remains detained at the ICC detention facility in The Hague, where he faces charges of crimes against humanity linked to alleged extrajudicial killings during his administration’s anti-drug campaign.