Duterte suffering ‘significant memory impairment’, says defence lawyer

Former Philippine President Rodrigo Duterte, 81, is suffering from significant memory impairment, according to his defence team, which has prepared his case at the International Criminal Court (ICC). The International Criminal Court (ICC) is based in The Hague, Netherlands. The charges against Duterte include crimes against humanity, stemming from his controversial "war on drugs" during which thousands were killed. The trial is slated to commence on November 30.

However, the court is considering if Duterte's mental fitness allows him to undergo the trial process. This determination has prompted a medical assessment by three experts, whose results have not been made public yet. In a document dated September 14, Duterte's defence lawyer, Peter Haynes, revealed that his client's memory loss prevents him from retaining recent information and accessing memories effectively.

This impediment hinders his ability to engage meaningfully with the case and provide proper instructions to his lead counsel, whose name he sometimes struggles to recall.

Haynes further explained that this condition makes it impossible for Duterte to participate effectively in his defence, forcing him to prepare the case without meaningful input from his client. On the other hand, the prosecution argues that Duterte is capable of meaningfully exercising his procedural and fair trial rights, and he is fit for trial.

The prosecution asserts that under ICC rules, proceedings cannot proceed if an accused is unable to comprehend the charges or meaningfully participate in their defence. Since Duterte's arrest and transfer to The Hague, he has only appeared once in court via a video link. He was seen dazed and confused, mumbling to confirm his name and occasionally dozing off during the proceedings.

His defence team has subsequently sought to have him absent on health grounds at subsequent hearings.

Presiding judge Joanna Korner has urged Duterte to attend a pre-trial hearing on Wednesday, but no application for exemption has been made public at this time. If granted, Duterte would become the first former Asian head of state to appear in person at the ICC.