The camp of former president Rodrigo Duterte has submitted a 12-page joint medical and legal report to the International Criminal Court (ICC), arguing that his deteriorating health and cognitive condition warrant his interim release from detention.
The filing, dated January 9, was submitted to the ICC Pre-Trial Chamber 1 by Duterte’s lawyer, Nicholas Kaufman, together with members of the defense’s own medical team. The report was attached as part of the defense’s submissions in the ongoing review of Duterte’s detention.
In the document, the defense said Duterte is “old, frail,” and suffering from significant weight loss, adding that he is unable to function independently on a daily basis and requires constant assistance.
The filing claimed that Duterte’s physical and cognitive condition has substantially worsened during his stay at the ICC Detention Centre, where he has allegedly been under 24-hour video surveillance due to concerns for his well-being.
“This is not out of a concern that Mr Duterte might flee or injure others. It is based on a grounded fear that harm might befall him. Mr Duterte is unable to attend to his own nourishment or to his own medication.”
The defense argued that Duterte’s health condition constitutes a “changed circumstance” under ICC rules, which require the Pre-Trial Chamber to periodically review detention orders. It said the prosecution bears the burden of proving that circumstances justifying continued detention have not changed.
According to the filing, Duterte is undergoing treatment for medical conditions that were partially redacted in the public version of the document. The defense claimed he can no longer manage his own nutrition or medication and has not appeared in court for about ten months, preventing judges from personally assessing his condition.
The report also challenged earlier ICC findings that Duterte’s health issues did not negate risks such as flight, interference with witnesses, or the potential commission of further crimes.
Citing assessments by its own medical experts, the defense said Duterte lacks executive functioning, sustained planning ability, physical stamina, and organizational capacity, which it argued undermines those perceived risks.
“These capacities are either clearly compromised or, at a minimum, practically unavailable to him in his current condition.”
The defense further maintained that there is no clinical evidence Duterte poses a threat to witnesses or the integrity of the investigation, noting that neither defense-appointed nor court-appointed experts found indications of aggression, disinhibition, or manipulative behavior.
While acknowledging that court-appointed experts previously raised questions about Duterte’s performance in certain cognitive tests, the defense argued that these results do not establish malingering and may instead be explained by an underlying neurological condition.
It criticized the prosecution for alleging that Duterte was feigning illness or deliberately altering his appearance, calling such claims baseless.
In its conclusion, the defense reiterated that it is not disputing the ICC Appeals Chamber’s earlier findings on the existence of statutory risk factors. Instead, it said the new medical evidence should be considered in determining whether Duterte’s current condition sufficiently mitigates his capacity to actualize those risks.
The defense asked the Pre-Trial Chamber to order Duterte’s interim release under the same terms and conditions previously proposed, citing the willingness of a state party—unnamed in the public filing—to receive him and ensure compliance with ICC requirements.
“The Pre-Trial Chamber is requested to ORDER the interim release of Mr Duterte on the same terms and conditions as proffered in the originating request, with any additional undertaking, guarantee, or requirement deemed appropriate.”
The Pre-Trial Chamber has yet to rule on the request.
