ICC says experts found Duterte's health improved while in detention

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The International Criminal Court’s expert panel that checked on former President Rodrigo Duterte to determine his fitness to stand trial saw “an apparent improvement” in his health while detained.

Duterte is on trial for crimes against humanity related to the deaths attributed to his war on drugs when he was President and when he was mayor of Davao City.

“With respect to the Accused’s general health condition, the Expert Panel reports that his ‘general physical health appears to have been optimized,” the court said in its decision to declare Duterte fit to stand trial.

“Expert Panel observes that there is an ‘apparent improvement in Mr Duterte’s health since [its] previous report’ and explains that such an improvement is attributable to ‘the high standard of medical and nursing care, including diagnostic rigor and pharmacological rationalization’,” it added.

The court said the expert panel acknowledges that Duterte:

• has some physical and mental slowing in keeping with his age; and
• may be subject to fatigue (tiring) in keeping with his age and frailty.

“The members of the Expert Panel further note that ‘[i]t is not possible to rule out that he may have some mild or pre-clinical process of slowing… and that, ‘[w]hile other mental capacities such as memory may be reduced compared to when he was younger, we can find no reliable evidence of this on formal testing’,” the court said.

“Nonetheless, the Chamber observes that the members of the expert panel are unanimous in their finding that ‘any reduced mental capacity present is not such as to render Mr Duterte unable to fulfill the necessary capacities,” it added.

The International Criminal Court Trial Chamber III has found former President Rodrigo Duterte fit to stand trial, stating that he “is able to effectively exercise his fair trial rights in the proceedings.”

The Trial Chamber III made public on Thursday, October 8, a decision dated September 28, which stated it was “satisfied that the Expert Panel’s Reports are sufficiently conclusive to decide on the Accused’ ability to participate in the trial proceedings and to effectively exercise his procedural and fair trial rights.”

Trial Chamber III also ordered measures to facilitate Duterte’s participation in the proceedings. The trial is scheduled to open on Nov. 30, 2026.

The Chamber’s decision came as it found that Duterte’s defense “misrepresents the instructions the Chamber gave to the Expert Panel.” –NB, GMA News