ICC chamber orders new medical exam for Rodrigo Duterte ahead of November trial
Former President Rodrigo Duterte will undergo a new medical assessment ordered by the International Criminal Court to determine whether he is capable of standing trial starting Nov. 30.
In the court document dated June 12, Pre-Trial Chamber III explained that the new order was necessary because the earlier medical assessments focused only on whether Duterte was fit to participate in pre-trial proceedings.
The chamber said it has yet to make its own determination on Duterte's fitness to stand trial, as it was not involved in the previous assessment conducted during the pre-trial stage. It also said that it needs an independent and objective evaluation of Duterte's health before deciding whether he is fit to stand trial.
"Given that the Accused is now to stand trial, the Chamber finds that it requires an objective assessment of the Accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial. In light of the Accused’s previous medical examination during the pre-trial phase, the Chamber finds that it would be reasonable for the appointed experts to use as a point of departure the findings contained in the Initial Expert Reports," the document read.
"In doing so, the appointed experts should determine whether the Accused’s medical condition has changed in any manner that they consider relevant for the purposes of making a determination pursuant to Rule 135 of the Rules," it added.
It added that the medical experts may use the findings of the earlier reports as a reference, but they must determine whether Duterte's condition has changed in any way relevant to the upcoming trial. They must also assess whether his current health, regardless of whether it has improved, worsened, or remained stable, could affect his ability to participate in the proceedings.
The chamber appointed the same multidisciplinary panel of experts used during the pre-trial stage.
The medical experts are expected to submit their findings to the ICC Registry by Aug. 18, while the parties have until Aug. 31 to file their observations on the health assessment before Trial Chamber III decides whether the high-profile trial will proceed as scheduled in late November.
Duterte is set to go on trial before the ICC on Nov. 30, months after judges confirmed in April three counts of crimes against humanity against him. Prosecutors allege he played a role in at least 76 killings linked to his anti-drug campaign under his administration.
