ICC urged to replace expert tapped to examine Duterte

MANILA, Philippines — Both the defense and the prosecution are urging pre-trial judges of the International Criminal Court (ICC) to replace the second neuropsychologist tapped to examine former president Rodrigo Duterte.

Court documents made public yesterday showed that the defense has sought the disqualification of the unidentified psychologist over alleged “offensive” social media posts, that supposedly “demonstrate this practitioner’s manifest lack of professionalism.”

The screenshots of the said social media posts were redacted in the filing, but Duterte’s lead defense counsel, Nicholas Kaufman, said they consider the “language in the cited posts to be so offensive, inappropriate, disrespectful and unprofessional.”

“Controversial public speech is not unfettered. Expression of political thought or opinion is one thing; doing so in an offensive or disparaging manner is quite another,” Kaufman added.

ICC Deputy Prosecutor Mame Mandiaye Niang, in response to the defense filing, said the expert’s appointment to the panel tasked to examine Duterte should be revoked, subject to the verification of his social media activity.

Niang reiterated the call for the ICC Registry, which maintains the list of experts, to revise its working methods to ensure that the list contains suitable candidates.

This expert was a replacement of the original neuropsychologist tapped to be part of the three-member panel.

In an earlier request, the defense sought the disqualification of the first neuropsychologist after it was discovered that she is “under an ongoing suspension” related to her practice.

Her appointment to the panel was revoked by the ICC Pre-Trial Chamber I on Oct. 17.

The chamber, in a Sept. 24 decision, appointed directed experts in forensic psychiatry, neuropsychology and geriatric and behavioral neurology to conduct a medical assessment on Duterte.

The panel was tasked to determine “whether and, if so, at what level Mr. Duterte suffers from any medical condition which might have an effect on his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearings.”

It was also tasked to assess whether any special measures or adjustments are recommended to address any of Duterte’s medical conditions.

They were initially given until Oct. 31 to file their reports on Duterte’s medical assessment, although it was unclear if this was extended given the changes in the composition in the panel.