President Rodrigo Roa Duterte talks to the people after holding a meeting with the Inter-Agency Task Force on the Emerging Infectious Diseases (IATF-EID) core members at the Presidential Guest House in Panacan, Davao City on July 7, 2020. JOEY DALUMPINES/PRESIDENTIAL PHOTO

MANILA — The International Criminal Court (ICC) Trial Chamber III has ordered a new medical examination for former President Rodrigo Duterte to determine whether he is fit to stand trial on November 30, 2026.

In a report, it said that the ICC Trial Chamber III “finds that a medical examination of the Accused pursuant to Rule 135 of the Rules is necessary for it to properly discharge its obligations pursuant to Article 64 of the Statute and adjudicate on any issues as to the Accused’s fitness to stand trial.”

The ruling was contained in a public redacted version of the “Decision appointing experts for the purpose of a medical examination pursuant to Rule 135 of the Rules of Procedure and Evidence” dated June 12, 2026 and released on Saturday.

“Accordingly, the Chamber is yet to address and resolve the issue of the Accused’s fitness, having not been involved in the previous assessment and determination made by the Pre-Trial Chamber, which was limited in scope to the pre-trial proceedings,” it said.

“Given that the Accused is now to stand trial, the Chamber finds that it requires an objective assessment of the Accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial,” it added.

The ICC Trial Chamber III said it is also appropriate for the appointed experts to refer to findings from earlier expert reports used during the pre-trial stage, including Duterte’s prior medical examination.

It said the experts will assess whether Duterte’s medical condition has changed in a way relevant to determining fitness for trial under Rule 135 of the Rules.

“The appointed experts must also consider his medical condition, regardless of whether it has remained stable or changed, vis-à-vis the upcoming trial proceedings due to commence on 30 November 2026,” it said.

“Accordingly, for these reasons the Chamber orders a medical examination to be conducted of the Accused pursuant to Rule 135 of the Rules,” it added.

The chamber emphasized that fitness for trial depends on an accused’s ability to exercise fair trial rights, rather than the mere presence of medical conditions.

It also said that once a medical examination is ordered, the chamber has the sole responsibility to determine fitness under Article 64(2) of the Statute.

The ICC Trial Chamber III appointed the same multidisciplinary panel used during the pre-trial stage, composed of experts already included in the ICC List of Experts and agreed upon by the parties.

Meanwhile, the chamber granted Duterte’s request to include an unnamed individual in his list of non-privileged contacts.

In an 11-page decision dated June 11, the chamber directed the Registry to report any violations of contact restrictions and any relevant developments.

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