Duterte loses bid anew at ICC, this time over a new expert report

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Undated photo of former President Rodrigo Duterte's standee in front of the International Criminal Court in The Hague, Netherlands. Facebook page FPRRD supporters posted several photos of the standee at various locations on April 19, 2025.

FPRRD supporters via Facebook

MANILA, Philippines — Pre-trial judges of the International Criminal Court (ICC) have denied former President Rodrigo Duterte’s request for an additional expert report, arguing it is no longer necessary as a periodic review of his detention will soon be submitted.

In a five-page resolution dated January 7, the Pre-Trial Chamber I said the medical examination of the three court-appointed experts already provides an independent assessment of Duterte's condition, determining whether or not he is fit to take part in the pre-trial proceedings. 

"In these circumstances, the Chamber sees no reason to order the Panel to prepare any additional report that exceeds its mandate," it added. 

This came after Duterte's defense team filed a request on Dec. 19, 2025, seeking an expert report to assess the former president’s cognitive condition in the event of another bid for interim release, rather than limiting the assessment to his fitness to stand trial.

The ICC Pre-Trial Chamber I pointed out that the independent report would suffice and has also been made available to the defense, which may be referred to in its observations on Duterte's nine-month detention. 

Parties and participants of the periodical review of Duterte's detention are expected to submit their observations on Friday, January 9. 

"In light of the above, the Chamber rejects the Defence's Request for an Expert Report," the resolution read. 

The Pre-Trial Chamber I has yet to schedule a hearing for the periodic review.

Earlier denials. Earlier, the pre-trial judges also rejected Duterte's request to disclose the communications between the ICC Registry and medical experts, saying the independent assessment already contains the important information on how the expert panel conducted the examination. 

Duterte's request for urgent interim release was also turned down on Sept. 26, 2025, a decision later upheld by the ICC Appeals Chamber on Nov. 28, 2025.

The chamber rejected all three grounds presented by the defense, agreeing with the pre-trial chamber that Duterte remains a flight risk and could potentially interfere with ongoing investigations.

The Appeals Chamber similar affirmed that the pre-trial chamber did not ignore the possibility of interim release on humanitarian grounds, noting that such arguments were not sufficiently established in the case.

The ICC Prosecution has filed three counts of crimes against humanity against Duterte, citing at least 76 killings between 2013 and 2018 connected to the Davao Death Squad and anti-crime and anti-drug operations during his time as mayor and later as president.

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