MANILA — Former President Rodrigo Duterte is suffering from memory lapses and balance problems, his lawyer told the International Criminal Court (ICC), as the defense renewed its push for his interim release from detention.
In a filing submitted to ICC Trial Chamber III on May 8, British-Israeli lawyer Nicholas Kaufman argued that Duterte’s reported medical condition undermines prosecution claims that the former Philippine leader could influence witnesses or obstruct proceedings while awaiting trial.
Duterte faces three counts of murder as crimes against humanity in connection with his administration’s bloody anti-drug campaign, which human rights groups estimate left around 30,000 people dead.
According to the defense filing, an occupational therapist who examined Duterte on March 17 was informed by detention facility staff that the former president had repeatedly fallen while in custody.
“[T]he gentleman falls at various times; there does not appear to be a clear pattern (e.g. not at the same time of the day),” the filing stated.
The defense also cited a March 24 observation from another clinician who reportedly noted signs of cognitive decline and forgetfulness during interactions with Duterte.
“Forgetfulness becomes apparent. Shortly after discussing his daughter, he mentions her again, assuming that the clinician does not yet know who his daughter is. Additionally, he does not know today’s date and guesses July or September for the month,” the clinician reportedly said.
Kaufman maintained that Duterte’s alleged memory impairment weakens concerns that he could direct witness tampering or interfere with the administration of justice.
“An individual whose short-term memory is impacted is not capable of remembering sufficient details for the purpose of instructing others to tamper with witnesses or to pervert the course of justice,” he argued.
The renewed plea came amid major changes in Duterte’s legal team.
In a separate urgent motion dated May 8, Kaufman asked permission from the ICC to withdraw as lead counsel, saying Duterte intends to reorganize his defense panel and appoint a new lead lawyer whose identity was redacted in court documents.
French lawyer Dov Jacobs, who served as Duterte’s associate counsel, also moved to withdraw from the case. Trial Chamber III granted Jacobs’ request on Friday./PN
