ICC rejects Duterte bid for new health report

The International Criminal Court (ICC) has denied a request by former president Rodrigo Duterte’s legal team for an additional expert report on his health and cognitive condition, ruling that existing medical evaluations are sufficient to assess the necessity of his continued detention.

In a decision dated Jan. 7, ICC Pre-Trial Chamber 1 said three court-appointed independent experts had already submitted both joint and individual reports in December 2025 assessing Duterte’s physical and cognitive fitness to take part in pre-trial proceedings.

“On 19 December 2025, the Defence filed the Request, asking the Chamber to order (i) ‘on an urgent basis’, ‘the Panel to issue a report focusing on whether Mr. Duterte’s current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes’ (the ‘Defence’s Request for an Expert Report’); and (ii) ‘a hearing on Mr. Duterte’s periodic review on detention, as required under Rule 118(3) [of the Rules]’,” the ICC said.

The Chamber noted that prosecutors opposed the motion four days later, arguing that another expert assessment was unnecessary.

“On 23 December 2025, the Prosecution opposed the Request, submitting that ‘[t]he requested expert evidence is unnecessary as the Chamber already has all the information required to decide the question of provisional release’; and ‘[t]he alleged deterioration of Mr Duterte’s health does not justify the need for a further expert report, nor does it constitute a changed circumstance’,” the decision read.

The judges ruled that the existing medical reports already address the key considerations under Article 58(1)(b) of the Rome Statute, including the risks of flight, interference with witnesses, or the commission of further crimes. Ordering another report, the Chamber said, would go beyond the experts’ mandate.

Article 58(1)(b) empowers the ICC’s Pre-Trial Chamber to order detention when there are reasonable grounds to believe a suspect may evade proceedings, obstruct justice, or pose other risks that warrant continued custody.

The Chamber also took note that the Office of Public Counsel for Victims (OPCV) opposed the defense request on Dec. 23, citing a lack of legal basis and warning that it could encroach on the Chamber’s judicial role and cause unwarranted delays in the proceedings.

“As ‘whether the article 58(1) conditions continue to be met [is] a judicial assessment with which only the Pre-Trial Chamber is entrusted’ and ‘the Chamber has received comprehensive individual reports and a joint panel report of three Court-appointed independent experts on Mr. Duterte’s state of health and cognitive abilities that allow it to draw conclusions if and where warranted within the ambit of its assessment of the article 58(1)(b) conditions’,” the ruling stated.

Duterte’s defense had argued that a fresh evaluation was necessary to determine whether his current cognitive condition still justified continued detention. They also sought a hearing for the periodic review of his custody.

Prosecutors countered that there had been no material change in Duterte’s health, while victims’ representatives cautioned that granting the request could result in unnecessary delays.

Duterte has been in ICC custody since March 12, 2025, after being surrendered under an arrest warrant related to alleged crimes committed during his anti-drug campaign. Previous motions for interim release were denied by the Pre-Trial Chamber in September 2025 and upheld on appeal in November.

The ICC said it will set the schedule for a hearing on the periodic review of Duterte’s detention at a later date.