THE LEGAL counsel for former President Rodrigo Roa Duterte has filed an urgent request with the International Criminal Court (ICC) seeking an expert medical report, arguing that his deteriorating physical and mental health should disqualify him from continued detention.
The motion, dated Dec. 19, 2025, comes as the former leader approaches a mandatory periodic review of his detention in January 2026—nearly one year after his initial arrest.
The ‘Article 58’ risk factors
The core of the defense’s argument rests on Article 58(1)(b) of the Rome Statute, which outlines the criteria for keeping a suspect in custody.
To maintain detention, the court must believe the suspect is a flight risk, likely to obstruct the investigation, or likely to continue committing crimes.
Defense counsel Nicholas Kaufman is requesting that the Pre-Trial Chamber I order a panel of experts to evaluate whether Mr. Duterte’s “current cognitive state” and physical condition render him incapable of:
- Fleeing the ongoing judicial proceedings
- Intimidating witnesses or obstructing the case
- Committing further crimes.
Declining health condition
According to the defense team, current medical observations describe the 80-year-old former president as increasingly elderly, physically frail, and suffering from weight loss.
The defense argues that these factors, combined with his cognitive decline, mitigate the risks previously cited by the prosecution for his detention.
The filing asks the Chamber to order this medical report on an “urgent basis.” Pending the results of this evaluation, the defense has agreed to a brief suspension of current judicial deadlines.
Detention review vs. trial
Legal experts note that this specific filing is strictly concerned with provisional release (detention status) and does not reflect a judgment on the guilt or innocence of the former president regarding the charges of crimes against humanity.
Under Rule 118(3), the court is required to review a suspect’s detention every 120 days.
The upcoming January review will determine if Mr. Duterte remains in custody at The Hague or is granted a form of conditional release.
