The International Criminal Court (ICC) has rejected a request from the legal team of former Philippine President Rodrigo Duterte seeking permission to appeal the court’s earlier refusal to disclose communications between the ICC Registry and the panel of medical experts evaluating his fitness to stand trial.
In a five-page decision dated January 9, the ICC Pre-Trial Chamber I ruled that Duterte’s lawyers failed to present an appealable issue and were merely attempting to revisit matters already settled by the court. The ruling effectively upholds the chamber’s December 11 decision, which stated that the defense already possesses all information necessary regarding the registry’s interaction with the expert panel.
Duterte’s lawyers had filed their request for leave to appeal on December 17, arguing that the chamber erred by not assessing the importance of the requested communications to the preparation of the defense and by failing to weigh potential risks to the investigation or witnesses. However, the ICC found that the defense largely repeated previous arguments in an effort to relitigate issues already addressed.
“The chamber considers that the request misconstrues the decision on disclosure of communications,” the ruling stated, adding that the proposed issue “does not arise out of that decision” and therefore cannot be appealed.
The court emphasized that the ICC Registry serves as a neutral administrative body whose primary function in the case is to transmit instructions from the chamber to the experts. Without additional justification from the defense, the chamber said, there is no legal basis to require disclosure of all internal communications.
Duterte, now 80, remains detained at The Hague penitentiary while facing charges connected to 49 incidents of murder and attempted murder arising from his controversial anti-drug campaign, which official records say resulted in more than 6,200 deaths. His lawyers have consistently argued that he is medically unfit to stand trial, citing alleged cognitive impairment and memory loss.
In early December, the court-appointed panel of medical experts submitted its report, with the Office of the Prosecutor asserting that Duterte was capable of fully participating in the proceedings. Nevertheless, on January 9, Duterte’s legal team submitted a separate joint report from their own medical specialists claiming that his condition had further deteriorated and that he should be released from detention.
Meanwhile, the Office of Public Counsel for Victims urged the ICC to formally rule on Duterte’s fitness and proceed with the confirmation of charges hearing without further delay, citing the victims’ right to a speedy trial.
The court has not yet announced its next steps.