The Principal Counsel for Victims at the International Criminal Court (ICC), Paolina Massidda, has filed her response opposing the defense team of former Philippine president Rodrigo Duterte in their attempt to disqualify a medical expert from the panel assessing Duterte’s fitness to stand proceedings before the court.
Massidda stated, in a five-page filing dated November 10 before the ICC’s Pre-Trial Chamber I, that her prior endorsement of two neuropsyhoology experts was “entirely based on information provided by the ICC Registry” and that it falls within the Registry’s authority to maintain and vet the list of experts.
She dismissed as baseless the defense’s criticism that she should have “conducted a simple Google search” to verify the expert’s background, noting that the Victims’ Office relies on the Registry’s neutral and official selection process.
“The List of Experts is compiled and maintained by the Registry, as the neutral organ of the Court,” Massidda wrote, adding that her office “defers entirely to the Chamber’s discretion” to decide on the expert’s inclusion once clarifications are obtained from the Registry.
The Victims’ Counsel reaffirmed her position that a neuropsychologist should be part of the expert panel to assist the Chamber in evaluating Duterte’s mental and physical capacity to stand trial.
Should the challenged expert be replaced, she asked that another specialist with similar expertise be appointed.
Massidda also opposed the Defense’s side request for Duterte’s immediate interim release, describing it as “premised on a speculative delay.”
She underscored that the Chamber had already denied previous motions for release and that the former president’s detention “continues to remain necessary” under Article 60(2) of the Rome Statute.
The Pre-Trial Chamber is currently overseeing the proceedings to assess Duterte’s ability to participate in the case related to alleged crimes committed during his administration’s “war on drugs.”
The 80-year-old Duterte was transferred to The Hague, Netherlands, where he remains in ICC custody. His legal team has repeatedly sought his temporary release on health and humanitarian grounds, all of which have been rejected by the Court.
