The defense has informed the International Criminal Court (ICC) that the former President of the Philippines suffers from memory problems. Duterte, who is 81 years old, is accused by the ICC of crimes against humanity, which holds him responsible for at least 76 killings related to the campaign known as the 'war on drugs,' which prosecutors believe led to the deaths of thousands of people.
The trial is scheduled for November 30, but judges have ordered an assessment by three specialists to determine whether the former head of state of the Philippines meets the mental requirements for trial.
The results of the examination have not yet been released, but the defense and prosecution presented their positions in documents dated September 14, published just before the preliminary hearing.
The defense asserted in a 13-page document that the former president 'suffers from a significant memory deficit that prevents him from remembering recent information and accurately recalling his memories.'
According to the head of the defense team, Peter Haynes, this condition makes Duterte's participation in the proceedings impossible and hinders his ability to give adequate instructions to lawyers; he even recalls the name of his main defense counsel only episodically. Haynes reported that he is preparing the case without any useful assistance from the former president.
The prosecution disputes this assessment, stating in a seven-page document that Duterte 'is largely capable of exercising his procedural rights and the right to a fair trial, and is fit to stand trial.'
Under ICC rules, the proceedings cannot continue if the accused is unable to understand the charges or participate in his own defense. Lawyers also questioned the findings of the medical commission, calling the report 'incomplete and inadequate,' and demanded the opportunity to question the specialists.
According to the defense, doctors admitted that Duterte 'may not have made all efforts' during the tests, but they could not determine whether the results were linked to 'simulation or lack of motivation' or to actual inability due to neurological pathology.
Lawyers presented examination results indicating that Duterte believes he lives in 2007 or 2008, thinks he is 84 or 85 years old, and was unable to identify the current President of the United States.
Duterte was seen only once since his arrest and transfer to The Hague, during the initial hearing on March 14, 2025, which was conducted via video link, and he appeared disoriented. Later, lawyers requested that he be excused from subsequent hearings due to health reasons, but Judge Joanna Conner ruled that he must appear at the preliminary hearing on Wednesday.
The charges against Duterte relate to alleged crimes committed while serving as mayor of Davao from 2013 to 2016, as well as during his presidency of the Philippines until March 2019.