- Duterte’s legal team seeks indefinite adjournment of ICC case for ‘cognitive impairment’
THE LEGAL team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) to indefinitely adjourn all legal proceedings against him, citing his “cognitive impairment,” which makes him unfit to stand trial.
In a 13-page submission dated Sept. 11, 2025, lead counsel Atty Nicholas Kaufman argued that the 80-year-old former leader’s condition “will not improve,” and therefore a permanent adjournment is necessary.
This request follows a limited postponement of his confirmation of charges hearing, which the ICC’s Pre-Trial Chamber I granted on September 8 to assess his fitness to participate in the proceedings.
Kaufman stated that extensive medical and psychological evaluations, conducted not only by defense experts but also by a neuropsychologist appointed by the ICC’s own Detention Center Medical Officer, have been furnished to the court.
According to the filing, these findings “lead to the overwhelming conclusion that Mr. Duterte suffers from significant cognitive deficiencies that affect his memory, his daily executive functioning, his visuo-constructive abilities, and his orientation to place and time.”
The defense counsel asserted that Duterte’s impaired memory and inability to retain new information render him unable to fully understand the nature of the proceedings or make informed decisions, which are essential for him to benefit from a fair trial.
“Mr. Duterte is unable to contribute to his own defense, rendering his participation in the proceedings totally ineffective,” Kaufman said.
The submission also revealed that the former president underwent a CT scan in May, followed by a head MRI and a neuro-psychological evaluation, all of which contributed to the diagnosis.
In a separate appeal, Kaufman has also asked the Marcos administration to allow Duterte to return to the Philippines to face charges in his home country, rather than at the ICC where he is currently detained.
Lawyers seek ICC host state’s view on possible interim release
Meanwhile, the defense team requested the ICC Pre-Trial Chamber to invite the Kingdom of the Netherlands, the court’s host state, to consider a role if the interim release is granted.
In a recent legal submission, the defense cited Regulation 51 of the Court’s regulations, emphasizing that the request is made “in the interest of justice and due process.”
The filing specified several key commitments from the former president, including assurances that he would not seek asylum in the Netherlands or any other location.
It also stated that he would not attempt to transfer to another country without the Court’s authorization and would personally shoulder any costs related to the enforcement of his release.
The request was filed as the Court continues its proceedings concerning allegations of crimes against humanity linked to Duterte’s bloody “war on drugs.”
The Pre-Trial Chamber has not yet issued a decision regarding the interim release petition.
