By Marita Moaje
MANILA – Judges at the International Criminal Court handling the case of former president Rodrigo Duterte have called for the expedited proceedings of the case and ordered a new medical assessment to determine his fitness to stand trial.
During the first status conference at the International Criminal Court on Wednesday, Presiding Judge Joanna Korner said the proceedings involving former president Rodrigo Duterte should begin as soon as possible due to concerns over his health, noting it as a pressing issue and citing the request of the defense lawyer for a new medical assessment.
“As you rightly pointed out and you filed a motion to that effect, the finding of fitness related to the confirmation proceedings and the chamber is obliged to make a separate finding on that issue and you very sensibly propose that the three gentlemen who examined him for the purposes of the confirmation proceedings should be re-instructed to re-examine him and we propose to make that order hopefully either today or tomorrow,” Korner said.
The chamber said Duterte’s age and medical condition could eventually affect the trial schedule, including the possibility of shortened hearing weeks.
“In that case, as I say we’ll, I only hope that they can carry out the assessment with some speed. So, therefore, at the moment it’s a bit difficult to set a schedule for trial until we’ve had an up-to-date report, but it seems to be, that because of his age and potentially medical problems,” she added.
During the first status conference, the chamber tackled key pre-trial issues, including the possible trial timetable, disclosure of evidence, witness protection, victim participation, and the possible addition of new incidents to the charges.
The chamber also briefly discussed in private the issue of witness protection.
Prosecutors proposed a Nov. 30, 2026, trial opening, while the defense said that it needed more time to review evidence after disclosure.
Meanwhile, the chamber added that prosecutors are still conducting investigations and may seek to add new incidents to the case, which was questioned by the defense.
Defense lawyer Peter Haynes, in his first appearance, warned that the case could become unmanageable if its scope continues to expand.
The chamber, meanwhile, indicated it would impose a deadline, likely by the end of August, for prosecutors to apply to add any new incidents.
The chamber, meanwhile, said it would set a deadline — likely by the end of August — for prosecutors to seek the inclusion of any additional incidents in the case.
Judges also emphasized that disclosure of evidence would continue on a rolling basis, reminding prosecutors to immediately seek court approval for any delayed disclosure requests.
On witness protection, prosecutors said they aim to disclose the identities of all witnesses by the end of September, including any additional witnesses that may later be introduced.
Meanwhile, victim participation was also discussed, with defense lawyers warning against allowing “thousands and thousands” of applicants to participate in the proceedings if they ultimately fall outside the scope of any conviction.
Victims’ counsel Paolina Massidda, however, argued that many more people may seek participation because the incidents listed in the charges are not exhaustive. “Victims are very interested in this case,” she said.
Korner, meanwhile, made an unusual disclosure in the interest of transparency,
While acknowledging prior professional relationships with lawyers on both sides because of the small international criminal law community, she reminded both parties that “there will be no discussion whatsoever of this case between parties and the judges at any such function”. (PNA)
