ICC prosecution vetoes postponement of Duterte trial
As former President Rodrigo Duterte’s defense team requested an “indefinite” adjournment of all legal proceedings due to a perceived decline in his cognitive abilities, the International Criminal Court’s prosecution asked judges to reject the bid.
ICC Deputy Prosecutor Mame Mandiaye Niang filed a motion saying the defense’s concerns about Duterte’s health conditions making him unfit for trial are “not sufficient, on their own, to form the Chamber’s decision on the matter.”
In a redacted document made public by ICC on Sept. 11, Duterte’s defense lawyer, Nicholas Kaufman, wrote that his 80-year-old client is currently suffering from “impaired memory” and an “inability to retain new information.”
Kaufman added, “Mr. Duterte is unable to fully understand the nature and implications of the proceedings conducted against him.”
To assess Duterte’s cognitive functions, his defense team had him undergo several medical procedures, including a neuropsychological evaluation, a CT scan, and an MRI. According to Kaufman, the evaluation found that Duterte “lacks the capacity to apply the cognitive skills essential for the proper conduct of his defense,” making him unfit to stand trial.
Even as the prosecution conceded that a short delay could be allowed, it said Duterte’s fitness for trial should be decided soon so that the hearing for confirmation of charges—originally scheduled for Sept. 23—can take place before the year ends.
The team is currently working with its own experts to determine Duterte’s mental capacity. In a document filed Aug. 28, the prosecution requested the court to order additional health assessments for this purpose.
More specifically, the filing urged the ICC judges to engage medical experts who are experienced in the fields related to Duterte’s medical condition. The prosecution also asked that the experts have “forensic experience in the issue of fitness to stand trial” and “in providing expert reports and testimony before various courts.”
Beyond these requirements, the prosecution wrote, the experts should be able to suggest “specific measures…that can be applied to facilitate Mr. Duterte’s participation in the proceedings.”
With the defense team raising their concerns about Duterte’s fitness, the ICC pre-trial chamber decided to postpone the hearing “until further notice”, which would have confirmed the charges against Duterte.
“Litigation regarding Mr. Duterte’s fitness to participate in the pre-trial proceedings is ongoing in connection with the Defense’s Adjournment Request,” the three-judge panel said in a statement. It added that the panel, with a split decision, decided that a “limited postponement of the hearing on the confirmation of charges is warranted to allow sufficient time to adjudicate” on the defense team’s request.
Also expressing their dissatisfaction with the defense’s request were lawyers representing the alleged victims of Duterte’s drug war that, officials say, claimed over 6,000 lives.
The former Philippine president is in ICC custody under accusation of committing crimes against humanity during his administration.
