- Duterte defense team cites ‘cognitive impairment’ in latest filing
THE LEGAL team of former President Rodrigo Duterte has filed an urgent submission to the International Criminal Court (ICC) to present medical reports supporting their assertion that the 80-year-old suffers from cognitive impairment.
In its filing, the defense argued that the condition severely limits the former president’s ability to participate in his own legal proceedings effectively. As such, they are pushing the Pre-Trial Chamber to review these medical findings before proceeding with the confirmation of charges.
The submission, which includes recent medical documentation, confirms the defense’s long-held claim that Duterte is experiencing a decline in cognitive function.
The reports said that the impairment may affect his memory, executive functioning, and capacity for complex reasoning, which are all critical for an accused individual to comprehend their situation and contribute to their defense.
Duterte, who faces charges of crimes against humanity related to his administration’s “war on drugs,” has been in the court’s custody in The Hague since his arrest in March 2025.
Call to halt proceedings
The defense team is explicitly urging the Court to address Duterte’s medical condition as a matter of urgency, asserting that the legal proceedings must cease until the Chamber has ruled on his fitness to stand trial.
“The Defence makes this present submission… to provide to the Chamber, and enter into the case record, new medical records that have recently come into its possession,” the defense stated in the document, according to sources familiar with the filing. “The evaluation… confirm, as long suspected, cognitive impairment.”
The development comes after the ICC Pre-Trial Chamber I recently postponed the scheduled confirmation of charges hearing, citing the need for time to adjudicate the defense’s request related to Duterte’s health.
The Counsel representing victims of the alleged crimes has previously argued that cognitive decline, in itself, may not automatically render a person unfit for trial, viewing “fitness” as a legal construct that requires careful scrutiny.
Meanwhile, the ICC Office of the Prosecutor has previously indicated that initial submissions by the defense were not sufficient to prove that Duterte is definitively “not fit to stand trial,” suggesting the need for additional medical reports or independent examinations to determine his full legal competency.
