THE International Criminal Court (ICC) has appointed a new expert to its panel tasked with assessing the medical condition of former President Rodrigo Duterte to determine his fitness to stand trial. At the same time, the ICC revoked the appointment of another panel member and restricted her access to documents related to Duterte’s case.
The decision, issued by the ICC Pre-Trial Chamber I and made public on November 14, follows a request from the defense to disqualify one of the experts.
In August, Duterte’s defense team argued that the 80-year-old former president lacked the cognitive capacity to properly conduct his defense and was “not fit to stand trial.”
The ICC subsequently ordered a medical examination of Duterte, who faces charges of crimes against humanity for murder and attempted murder in connection with the deaths during his war on drugs when he was President and mayor of Davao City.
On September 24, the ICC appointed three experts – a neurologist, a forensic psychiatrist, and a neuropsychologist – to the panel. However, the defense requested the revocation of one expert’s appointment on September 25, citing her “active and ongoing suspension” by her professional regulatory body. The prosecution later echoed this request.
After investigating the concerns, the ICC ruled that the expert’s situation and her failure to disclose it made it “inappropriate and impossible” for her to remain on the panel. The court also cited concerns that maintaining her appointment would lead to further delays.
“For these reasons, and without prejudice to any decision that may be taken by the competent authorities on [REDACTED]’s current situation, the Chamber hereby revokes [REDACTED]’s appointment and instructs the Registry to revoke her access to any documents she was already provided with,” the ICC stated.
The ICC Registry has since submitted a shortlist of alternative neuropsychologists, and a new expert has been appointed to the panel.
