Duterte suffering ‘significant memory impairment’, says defence lawyer

Former Philippine President Rodrigo Duterte is reportedly experiencing significant memory loss, according to his defence team. The 81-year-old faces charges of crimes against humanity at the International Criminal Court (ICC) for his "war on drugs" during which thousands were killed. His trial is set to begin on November 30, but judges are uncertain of his mental fitness to stand trial and have ordered a medical assessment by three experts.

Despite these concerns, both the defence and the ICC prosecutor have given different opinions about Duterte's ability to effectively participate in his defense. Prosecutors argue that he is capable of meaningfully participating in his defense and exercising procedural and fair trial rights. However, his chief defence lawyer, Peter Haynes, claims that Duterte suffers from a "significant memory impairment" that hinders his ability to retain recent information and access memories reliably.

This has made it difficult for Haynes to give proper instructions to his client, as he sometimes struggles to remember his lawyer's name. The prosecution maintains that Duterte is fit for trial, stressing that he can understand the charges and participate meaningfully in his defense. Since his arrest and transfer to The Hague, Duterte has appeared in court only once via video link, where he seemed dazed and confused.

His defence team has since requested that he be absent from future hearings on health grounds. Presiding judge Joanna Korner has urged Duterte to appear at a pre-trial hearing on Wednesday, but no defence application for an exemption has been made public. This suggests that Duterte may appear in person at the ICC, becoming the first former Asian head of state to do so.