Duterte 'unfit for trial'? Lawyer asks ICC to pause hearings 'indefinitely'
MANILA, Philippines — Detained former president Rodrigo Duterte cannot stand trial before the International Criminal Court (ICC) due to “cognitive impairment in multiple domains,” his lawyer Nicholas Kauffman said.
In a pleading submitted to ICC Pre-Trial Chamber 1 on September 11, Kauffman asked the chamber to “adjourn hearings indefinitely” due to Duterte’s condition, which he said “will not improve.”
“Mr. Rodrigo Roa Duterte is not fit to stand trial as a result of cognitive impairment in multiple domains. Mr. Duterte’s condition will not improve, and, for this reason, the Pre-Trial Chamber must adjourn all legal proceedings in his case indefinitely,” Kauffman’s plea read.
Kauffman said there is no need for an additional medical examination of Duterte, citing the pre-trial chamber’s discretion under the law.
He also argued that the extensive medical information already provided to the court and shared with the prosecution and Office of Public Counsel for Victims is sufficient.
“All of the medical information collated leads to the overwhelming conclusion that Mr Duterte suffers from significant cognitive deficiencies that affect his memory, his daily executive functioning, his visuoconstructive abilities, and his orientation to place and time, while, simultaneously, limiting his capacity for complex reasoning,” Kauffman said.
“The aforementioned cognitive deficiencies have been diagnosed not just by the two Defence experts but also by a neuropsychologist instructed by the Medical Officer at the ICC Detention Centre at the specific request of the Registrar. For this reason, the medical data presented to the Pre-Trial Chamber is neither partisan nor self-serving,” it added.
Kauffman also included findings from the unnamed neuropsychologist, saying the former president “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. To conclude, Mr. D. will not be able to meaningfully engage with the legal process and is unfit to stand trial,” the report read.
Despite this claim, Vice President Sara Duterte has spoken with her detained father several times and shared his “message” with overseas Filipino workers in the Netherlands.
The vice president revealed that the ICC prohibited her from sharing the details of her visit.
RELATED: ICC reminds VP Sara she can't share details of visits to dad Rodrigo
Kauffman’s document seeking indefinite adjournment was revealed by the pre-trial chamber, which voted to postpone the confirmation of charges hearing, initially scheduled for September 23.
Charges against Duterte. The charges against the former president are crimes against humanity, involving at least 43 killings attributed to the Davao Death Squad and police actions during his presidency.
These incidents reportedly occurred between Nov. 1, 2011 and March 16, 2019.
The former president’s anti-drug campaign resulted in a government-reported death toll of 6,000.
However, human rights groups estimate the figure could be as high as 30,000, with many victims being small-time drug users and pushers.
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