MANILA – Former President Rodrigo Duterte’s legal counsel has asked the International Criminal Court (ICC) to order another medical examination to determine whether he is fit to stand trial in his crimes against humanity case.

In a seven-page pleading dated May 25, lawyer Peter Haynes said earlier medical assessments of Duterte were conducted only during the pre-trial stage and should be revisited as proceedings move forward. The document was published on the ICC website.

He noted that during the confirmation of charges hearings, one expert found that Duterte had a “a partial understanding of the accusations” and that “[REDACTED] ‘reduces to some extent his ability to stand trial.’”

“Notwithstanding the earlier pre-trial findings, the Trial Chamber has an ongoing obligation to reassess Mr. Duterte’s fitness to stand trial every 120 days, or upon the request of a party,” Haynes said.

He added that a fair trial requires that the accused must be able to meaningfully exercise procedural rights.

“The concept of fitness to stand trial, although not defined by the Court’s legal instruments, must be interpreted in the light of the need to ensure that the accused receives a fair trial. Namely, where an accused is unable to meaningfully exercise his or her procedural rights because of his or her state of health, the trial cannot be fair,” he said.

Haynes said the Trial Chamber III should “order a medical examination of Mr. Duterte pursuant to Rule 135 at this juncture and before the commencement of any trial.”

Rule 135 of the ICC Rules of Procedure allows the court to order medical, psychiatric, or psychological examinations of an accused person.

“It is submitted that no burden falls upon the Defence to show that the accused is unfit to stand trial. Rather, for the purpose of Rule 135, the Defence is a party assisting the Chamber in discharging its obligations under the legal framework of the Court,” he said.

He also said both parties should be allowed to examine expert findings before any ruling on competency is made.

During a status conference on May 27, ICC Trial Chamber III Presiding Judge Joanna Korner said the court would order a re-examination of Duterte’s fitness to stand trial in connection with the case over alleged crimes during his time as Davao City mayor and later as President.

Korner also cited a defense motion seeking reassessment and noted the proposal to have the same panel of medical experts re-examine Duterte.

Haynes said the defense is willing to submit a list of alternative experts from the ICC roster if the court opts for a new panel, while noting that continuity in medical evaluation is preferable.