In a five-page decision, the International Criminal Court (ICC) Pre-Trial Chamber I has denied former President Rodrigo Duterte’s request to issue another expert report on his health, ruling it “sees no reason” to do so, January 7.

The chamber deemed that an additional medical assessment was unnecessary, noting that it already “has all the information required” to decide on matters related to Duterte’s provisional release.

Duterte’s camp requested an urgent report last year, December 19, to assess whether Duterte’s current cognitive condition would allow him to flee ongoing judicial proceedings, intimidate witnesses, or commit crimes.

However, the chamber rejected the request on December 23, stating that Duterte’s health deterioration “does not justify the need for a further expert report, nor does it constitute a changed circumstance.”

It noted that the current findings from the panel of three independent medical experts already addressed the risks under Article 58(1)(b) of the Rome Statute, including escape, interference with witnesses, or the possibility of future criminal conduct.

“The chamber notes that the Panel was appointed precisely for the limited purpose of providing an independent assessment on Mr. Duterte’s medical condition in the context of the chamber’s adjudication regarding whether he is fit to take part in the pre-trial proceedings,” the chamber said. 

Ordering a new report would already exceed the panel’s mandate, it added, finding that “any additional expert report is neither appropriate nor necessary for its adjudication.” 

The decision also says that the Office of Public Counsel for the Victims (OPCV)  opposes the request, citing that it lacks legal basis and would only cause further, unjustified delay for the pre-trial proceedings. 

OPCV Principal Counsel Paolina Massidda submitted an observation to the court, that detaining the former chief executive while awaiting trial remains necessary, as his influence could pose a threat to the integrity of the proceedings.

“Victims have expressed fears about their safety and the safety of their families, as well as concerns about the possible increase of violence in the neighbourhoods in which they live, if the suspect were released,” Massidda added.

The request came after the conclusion of an independent ICC-appointed panel of medical experts, which found that Duterte is “competent for the purpose of the pre-trial proceedings.”

Despite being described as “frail and elderly,” the panel concluded that Duterte retains sufficient mental capacity to understand the charges and evidence against him, grasp the purpose of the proceedings, and properly instruct his legal counsel.

The ex-president, who has been detained in The Hague, Netherlands, since his arrest in March, is facing charges of crimes against humanity with his administration’s war on drugs.

As of writing, the ICC has yet to schedule a date for the confirmation of charges hearing, which was postponed in September 2025.