Former President Rodrigo Duterte appears before the International Criminal Court during its third status conference at the ICC headquarters in The Hague on September 16, 2026. ICC screengrab
MANILA — The legal representatives for victims in the International Criminal Court proceedings involving former president Rodrigo Roa Duterte have maintained that the legal criteria for an accused person’s fitness to stand trial are fully satisfied, pointing to unanimous findings from a panel of medical experts.
“The CLRV (Common Legal Representatives of the Victims) submit that the applicable legal criteria governing an accused’s fitness to stand trial are satisfied under the established jurisprudence of the Court… In light of these clear and consistent scientific conclusions, the CLRV submit that the legal criteria governing fitness to stand trial under the established jurisprudence of the Court are fully satisfied in the present case,” they said.
In a public redacted version of their observations filed on September 17, 2026, the CLRV comprising Gilbert Andres, Joel Butuyan, and Paolina Massidda, concluded that the court “is entitled to find that Mr Duterte is fit to stand trial.”
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The filing centers on the evaluation of joint and individual reports submitted by a multidisciplinary panel of experts on August 21, 2026.
According to the CLRV, the experts unanimously concluded that despite certain conditions noted in the report, Duterte possesses the capacity required to stand trial.
The CLRV noted that the panel found “no new evidence.”
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The procedural history outlined in the submission shows that the defense previously requested an indefinite adjournment of the proceedings in August 2025.
Following an initial medical examination, the Pre-Trial Chamber found Duterte fit to participate in pre-trial proceedings in January 2026 and confirmed the charges against him in April 2026, after which the case was referred to the Chamber.
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A second medical examination was subsequently ordered on June 12, 2026, to determine whether the accused's medical condition had changed.
The resulting August reports prompted the recent round of observations regarding the practical measures needed to facilitate participation.
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Citing established court jurisprudence, including principles referenced in the case, the CLRV reaffirmed that “the ability of an accused, viewed overall and in a reasonable manner, to understand and participate in the proceedings and to instruct counsel is central to a finding that they are fit to stand trial.”
“In light of these clear and consistent scientific conclusions, the CLRV submit that the legal criteria governing fitness to stand trial under the established jurisprudence of the Court are fully satisfied in the present case,” they said.
While acknowledging that the experts recommended specific measures to facilitate attendance and participation, the CLRV stated they "do not oppose the adoption of reasonable accommodations, provided that such measures do not prejudice the rights of other participants or the orderly conduct of the proceedings."
The filing concludes with a direct request for the Chamber to formally determine that Duterte is fit to stand trial.