The legal team of former president Rodrigo Duterte claimed that the former strongman would not be able to “meaningfully participate” in the International Criminal Court (ICC) trial against him due to his deteriorating health, which makes him unfit to face legal proceedings.

In a filing submitted to the court by Duterte’s counsel, Nicholas Kaufman, the defense urged the ICC to indefinitely adjourn the confirmation of charges hearing on Sept. 23, saying Duterte lacks the capacity to remember, assimilate, and apply information to be able to give his lawyers effective instructions.

“He will not be able to fluently recall information from the period relevant to the case, such as to be able to testify,” the Sept. 11 publicly redacted filing read.

The defense, citing medical experts, stressed that Duterte’s memory lapses and difficulty recalling even close family members illustrate his diminished capacity to follow proceedings or aid in his defense.

“With his impaired memory and concomitant inability to retain new information or to recall events, places, timing, or even members of his close family and Defence team, Mr. Duterte is unable to fully understand the nature and implications of the proceedings conducted against him. His deficient memory also entails an inability to follow the litigation and to make informed decisions,” the filing read.

Consequently, and crucially, Mr. Duterte is unable to contribute to his own defence, rendering his participation in the proceedings totally ineffective,” it added.

The defense argued that forcing Duterte into trial would be unjust, since he cannot understand the purpose or consequences of the hearings, or testify coherently about events under investigation.

The ICC on Monday announced that Duterte’s confirmation of charges hearing was postponed following his defense’s request.

The Office of the Prosecutor, meanwhile, rejected the bid for an indefinite adjournment, saying the defense’s reports “are not sufficient,” on their own, to form the basis of the Chamber’s decision.

“The proceedings against Mr. Duterte cannot be ‘adjourned indefinitely’ on the sole basis of the reports of the Defence Experts, the conclusions and opinions of which are not accepted by the Prosecution,” prosecutors said in their response.

While admitting that a short delay may be warranted, the prosecution argued that any pause should be limited to the time required for the Chamber to expeditiously render its decision on Duterte’s fitness to take part in the ongoing pre-trial proceedings and to stand trial.

The filing also questioned whether the defense experts understood ICC standards for determining trial fitness, noting that effective participation only requires a “broad understanding” of proceedings and not full recall of every detail.

Prosecutors further signaled that they are engaging their own medical expert to examine Duterte and recommend measures to facilitate his participation, if needed.

They asked the chamber to reject both the indefinite adjournment request and the defense’s alternative call for a status conference, warning that additional delays would prevent the confirmation of charges hearing from being completed before the end of 2025.

Duterte was turned over to the ICC in The Hague on March 12 following his arrest for supposed crimes against humanity in relation to his drug war when he was president. On several occasions, his defense would share in media interviews that Duterte was in good condition.