Is Duterte unfit to face trial?
In a decision that disappointed drug war victims, the International Criminal Court’s (ICC) Pretrial Chamber 1 postponed the much-awaited confirmation of charges hearings that were supposed to start on Sept. 23, 2025. The chamber ordered the postponement to first hold hearings on former president Rodrigo Duterte’s motion for the suspension of proceedings, allegedly because he is not fit to stand trial.
It was no surprise that the defense filed the said motion because it has filed numerous motions invoking an array of technicalities, effectively seeking as follows: inhibition of the judges; disqualification of the judges; disqualification of the ICC prosecutor; disqualification of the ICC for lack of jurisdiction; disqualification from detention of Duterte (i.e., interim release); and now the disqualification of Duterte from facing trial because of his alleged mental unfitness.
It was a surprise to many, however, that the chamber granted the motion for suspension. The prosecution opposed it, the victims’ counsel contradicted it, and one judge dissented from the majority decision. In essence, the proceedings have been temporarily sidetracked from their original path. They have taken a side trip to a pit stop where the defense wants a debate on the issue of whether Duterte is fit to continue on the original path of confirmation and trial hearings.
Duterte’s defense counsel, Nicholas Kaufman, alleges that “the defense has been struggling with the former president’s progressively deteriorating medical situation, which has affected his ability to assimilate the evidence and to give his lawyers proper instructions.” Kaufman went on to add that while the former president remains in good spirits, his age and the conditions of detention “have taken their toll on him.” Duterte’s alleged mentally unfit condition to face trial is purportedly “supported by leading medical experts.”
The defense’s claim of Duterte’s unfitness is, however, contradicted by Duterte’s fairly contemporaneous demeanor. Only six months ago, or a day or two before his arrest in March 2025, Duterte traveled to Hong Kong, where he spoke for almost an hour at an election campaign rally before a large crowd, and sat down to meals or meetings with his supporters. When he was arrested, doctors examined him, and he was medically cleared to take the long trip to The Hague. Before his first appearance before the Pre-Trial Chamber, he was examined by ICC medical staff, and he was cleared fit to face the court via video conference to answer basic questions and listen to the statements of the judges and counsel.
But those happened six months ago; the defense will surely protest. They will complain that Duterte had not yet been subjected to the mental and physical stresses of living in a foreign land and the loneliness of imprisonment at that time. However, there’s plenty of additional evidence clearly showing the ex-president’s continuing mental fitness even when he is already in ICC detention, as provided by his own family members.
From the time he was brought to The Hague and until a gag order was imposed on them only recently, Duterte’s family members have been regularly visiting him several times a month. After every visit, these family members publicly speak about their conversations with and observations about their patriarch. His family members have shared how the ex-president has given them personal advice, commented on current events in the Philippines, and even shared jokes with them.
On July 8, 2025, after visiting his father in The Hague, Vice President Sara Duterte shared with the public that, “He’s okay, in a very good mood today.” The father teased her daughter by telling her, “Your arm is twice the size of mine—one of your arms is like two of mine.” The VP stated that her father was not experiencing any major health problems, was being held in the regular detention area, and was not in the hospital wing at the ICC. “So far, he said he’s not feeling anything, so he’s okay on that note,” she said.
In a very telling revelation of how perfectly mentally fit the ex-president is in his comprehension of his past deeds, his present lack of remorse, and his understanding of the future consequences that he potentially faces, the VP quoted her father as follows: “I did what I had to for my country, and I have no regrets about what I did.”
On Aug. 15, 2025, Kitty Duterte shared that the ex-president was “livelier and sharper now,” and that there were more laughs than usual after she visited her father. He offered her fatherly advice and told her not to entertain suitors, the daughter said.
On Aug. 29, 2025, all four Duterte children visited their father. In their public statements, they said that they conversed with their father about their personal lives and that they “discussed what’s happening now and what could possibly happen tomorrow or three years from now” in the Philippines.
A person may feign behavior that will yield results he/she desperately desires when faced with strangers and, most especially, in the presence of mental health experts. But a father will always reveal his true mental fitness when he dispenses his advice, gives his views, and shares his jokes in the privacy and presence of his children.
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