Both the defense and prosecution are urging International Criminal Court pre-trial judges to replace the second neuropsychologist appointed to examine former president Rodrigo Duterte. Court documents cite alleged 'offensive' social media posts demonstrating a lack of professionalism. The ICC deputy prosecutor has echoed the call for revocation.
In Manila, Philippines, court documents released on Monday show the defense seeking disqualification of the unidentified neuropsychologist over alleged 'offensive' social media posts that 'demonstrate this practitioner’s manifest lack of professionalism.' Duterte's lead defense counsel, Nicholas Kaufman, described the language in the posts as 'offensive, inappropriate, disrespectful and unprofessional,' with screenshots redacted in the filing.
'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.
In response, ICC Deputy Prosecutor Mame Mandiaye Niang called for revoking the expert's appointment to the panel, pending verification of the social media activity, and urged the ICC Registry to revise its methods for maintaining the list of suitable candidates. This expert replaced the original neuropsychologist, whose appointment was revoked by ICC Pre-Trial Chamber I on October 17 after discovery of her ongoing suspension related to her practice.
On September 24, the chamber appointed experts in forensic psychiatry, neuropsychology, and geriatric and behavioral neurology to assess Duterte's medical condition. The panel must determine whether Duterte suffers from any condition affecting his ability to participate in pre-trial proceedings, including confirmation of charges hearings, and recommend any special measures. They were initially due to file reports by October 31, though it is unclear if this deadline was extended amid panel changes.