Duterte Defense Questions Validity of Medical Consent
The legal team of former Philippine president Rodrigo Duterte has moved to challenge the legitimacy of a medical consent form tied to his ICC custody, alleging that his personal health information was disclosed without proper authorization. The filing, made public in redacted form on Oct. 9, 2025, raises substantial questions about whether Duterte was capable of providing informed consent and whether the medical report was handled in line with established procedures.
Defense counsel Nicholas Kaufman asserted that Duterte’s medical report was shown to the defense only briefly before being retrieved by detention authorities, and that no written authorization was presented allowing its release. He further claimed Duterte felt “intimidated” as officials pressed for immediate surrender of the document. In the filing, Kaufman argued that the asserted “informed written consent” lacks credible basis and that Duterte may be suffering from cognitive impairment, complicating the defense’s ability to trust the consent process.
“The validity of the so-called informed written consent allegedly received from Mr. Duterte is strenuously disputed,” Kaufman wrote, characterizing the Registry’s handling of the matter as “unprecedented and ethically questionable.” The filing contends that the Registry acted with undue influence and that unresolved concerns about Duterte’s mental capacity render the consent questionable rather than routine.
The Core Contention: Consent vs. Mental Capacity
The defense emphasises that the consent issue is not merely procedural but fundamental to due process. If Duterte’s capacity to provide informed consent was compromised, the legitimacy of the medical release—and any use of such information in proceedings—could be called into question. The filing notes that the report’s relevance to Duterte’s “fitness to stand trial” is debatable, but maintains that consent remains a live dispute that warrants full documentation.
Kaufman urged the ICC Pre-Trial Chamber to compel the Registry to disclose all materials related to Duterte’s alleged written consent, including documents authorizing the transfer of the medical report to judges before Duterte’s initial appearance in March 2025. This demand reflects a broader push for transparency in how medical information is managed within ICC custody and the extent to which health data can influence judicial decisions.
Context: Duterte’s Mental Fitness and ICC Proceedings
During Duterte’s March appearance, Presiding Judge Iulia Antoanella Motoc stated that the former president had been medically examined and found to be “fully mentally aware and fit.” The defense’s latest filing, however, positions this assessment within a contested framework, arguing that the surrounding procedures and potential coercion undermine the weight of that finding. The dispute adds to ongoing debates about Duterte’s health and cognitive status as the ICC advances pre-trial hearings related to alleged crimes against humanity tied to his anti-drug campaign.
Parallel to the defense’s arguments, the ICC Registry submitted a shortlist of medical experts to the Pre-Trial Chamber I. The registry conveyed that specialists in psychiatry, psychology, and forensic medicine had been identified to assess Duterte’s mental and cognitive fitness for trial. The identities of the nominees were redacted for confidentiality, but the registry indicated the panel would be formed in coming weeks to guide the Chamber’s evaluation of Duterte’s capacity to participate in proceedings.
What Happens Next
The Pre-Trial Chamber is expected to review the registry’s expert panel and determine its final composition. The outcome will influence whether additional independent assessments are warranted, how health information is weighed in the trial process, and whether any further disclosures will be required from the Registry. Duterte, detained in the Netherlands since transfer to ICC custody, faces charges concerning thousands of killings during his anti-drug operations, though he maintains that his campaign was lawful policing rather than criminality.
The forthcoming medical and cognitive evaluations are procedural milestones designed to ensure fair and due process under ICC rules. As both sides prepare for further hearings, observers will watch closely for how mental fitness and consent issues intersect with the broader questions of accountability for alleged crimes against humanity.
