Victims' counsels to ICC: Declare former President Duterte fit for trial

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The lawyers of the drug war victims have asked the International Criminal Court (ICC) to declare former President Rodrigo Duterte fit for trial.

The heavily redacted document submitted by Gilbert Andres, Joel Butuyan, and Paolina Massidda, the "Observations on behalf of the victims on the joint and individual reports of the panel of experts" was posted on the ICC a day after the third status conference that was attended by Duterte.

The Common Legal Representative of the Victims (CLRV) said that based on scientific conclusions, the legal criteria governing fitness to stand trial under the established jurisprudence of the Court are fully satisfied in the present case."

The CLRV also said, "Under the Court's jurisprudence, the absence of any impairment preventing the meaningful exercise of fair trial rights is determinative of fitness to stand trial."

The CLRV took note of the case of Mahamat Said Abdel Kani, a former general of the Central African Republic, on fitness to stand trial.

"As recently affirmed in the Said Case, the ability of an accused, viewed overall and in a reasonable manner, to understand and participate in the proceedings and to instruct counsel is central to a finding that they are fit to stand trial," the victims' lawyers said.

The lawyers added that as to the recommendation of the experts as to the attendance and participation of Duterte in the trial, "[REDACTED], the CLRV do not oppose the adoption of reasonable accommodations, provided that such measures do not prejudice the rights of other participants or the orderly conduct of the proceedings."

Earlier, the ICC prosecutor has asked Trial Chamber III to declare Duterte fit for trial.

In a document, posted on the ICC website and dated September 14, ad interim Prosecutor Mame Mandiaye Niang submitted an observation on the Panel of experts' joint and individual reports after Duterte underwent a medical examination.

Niang also said that there is no statutory requirement for a hearing on Duterte's fitness to attend his trial is not necessary.

After the third status conference held on September 16, 2026, the ICC Trial Chamber III has unanimously decided to keep former President Rodrigo Duterte detained.

In a decision released shortly after the conclusion of the third status conference, the Chamber found a likelihood of Duterte “absconding and/or obstructing or endangering the investigation or the court proceedings.”

“In respect of the latter considerations, owing to the Prosecution’s submission of the Witness and Evidence Lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the Accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” the decision read. — BAP, GMA News