The International Criminal Court (ICC) Pre-Trial Chamber I on Wednesday, rejected a defense request by former President Rodrigo Duterte for an additional expert assessment to determine whether his cognitive condition reduces the risks cited under Article 58(1)(b) of the Rome Statute, including flight, witness interference, or the commission of further crimes.
Based on the Pre-Trial Chamber 1 decision on the “Defense Request for an Expert Report on Article 58 Risk factors”, the judges ruled that evaluating these risks is a legal matter for the Court, not a medical question, noting that court-appointed experts had already submitted comprehensive medical and cognitive evaluations of Duterte.
The Chamber denied the request and stated that the schedule for any detention review hearing would be decided separately finding no justification for further expert evidence.
The decision underscores the Court’s position that risk assessments in detention cases are grounded in legal judgment, even when medical or cognitive conditions are raised as part of the defense.
In September 2025, the defense team of the former president informed ICC that they had submitted medical reports regarding FPRRD’s condition.
According to his lawyer, Nicholas Kaufman, Duterte has experienced cognitive impairments that may limit his ability to participate fully in his defense.
“The Defence is urging the Court to review these findings and address Duterte’s medical condition before moving forward with the confirmation of charges,” Kaufman noted in a report to the ICC.
