Duterte's defense team expresses concerns over ICC medical report
Nicholas Kaufman, the lead counsel of former Philippine President Rodrigo Duterte, has voiced his objections regarding the manner in which the report about Duterte’s medical condition was handled.
The International Criminal Court made public a redacted document titled “Defence Response to the ‘Registry Report on the Assessment by the Medical Officer of the Detention Centre’ & Request for Disclosure.” In it, Kaufman said he was never shown a written consent for the disclosure of Duterte’s medical information. While he was briefly shown the factual medical report, Kaufman claims he was not allowed to leave the ICC Detention Center with a copy.
In the same document, Kaufman claimed “Mr. Duterte reported feeling intimidated [REDACTED], according to him, had demanded that the Factual Report be given back to [REDACTED].”
Furthermore, Kaufman vehemently challenged “the validity of the so-called informed written ‘consent’” collected from Duterte.
“[REDACTED] knows to be suffering from [REDACTED] and cognitive impairment sub judice, [REDACTED] acted as the agent of the Pre-Trial Chamber…” added Kaufman.
“The Defence believes such conduct to be unprecedented and ethically questionable,” he continued.
In addition, Kaufman raised concerns about the Registry, a neutral body that handles administrative and operational support for the Court, not giving Duterte enough time to talk about the informed consent that would release his medical information to the Court.
“Notably, the Registry does not assert that Mr. Duterte was actually given a second opportunity to discuss informed consent in the evening of 1 September 2025 or the following day prior to submission of the Factual Report,” Kaufman wrote.
Moreover, Kaufman requested the Court to ensure the Registry be more transparent with its documentation.
“…a dispute exists as to Mr. Duterte’s ability to provide informed consent to the divulgation of his medical information. Accordingly, Counsel requests that the Pre-Trial Chamber order the Registry to disclose all documentation in its possession and [REDACTED], where in Mr. Duterte’s signed written consent appears…”
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Rome Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
If the charges against him are confirmed during his pre-trial hearing, it could take months before the case eventually goes on trial. A final judgment may be rendered after years.
