ICC prosecution rejects indefinite delay of Duterte trial
ICC prosecution to field own expert to assess Duterte's fitness to stand trial
MANILA, Philippines — The International Criminal Court's prosecution has asked judges to reject former President Rodrigo Duterte’s bid to indefinitely suspend proceedings over his health, saying a short delay may be warranted but the case must move forward with a ruling on his fitness to stand trial before the end of 2025.
In a filing made public on Thursday, September 11, ICC Deputy Prosecutor Mame Mandiaye Niang said the defense's concerns that Duterte's current health conditions make him unable to stand trial, this is "not sufficient, on their own, to form the Chamber's decision on the matter."
The prosecution is currently engaging its own expert and has asked the court to order additional medical assessments to determine whether the 80-year-old can participate in the proceedings, according to the document filed August 28.
The defense earlier submitted a request seeking an indefinite adjournment of the proceedings against him, claiming Duterte was “not fit to stand trial” due to significant cognitive impairments.
Duterte's lawyer Nicholas Kaufman said in the publicly redacted version of the filing that the former president would "not be able to fluently recall information from the period relevant to the case, such as to be able to testify."
Kaufman said Duterte was suffering from an "impaired memory and concomitant inability to retain new information or to recall events, places, timing, or even members of his close family" and his own defense team.
However, the ICC prosecution countered that these findings lacked clarity on which standards it applied to, and did not prove Duterte could not meaningfully exercise his fair trial rights.
“The proceedings against Mr Duterte cannot be ‘adjourned indefinitely’ on the sole basis of the reports" submitted by the defense, the prosecution said in the publicly redacted version of the filing.
The filing stressed that it is ultimately for the chamber — not the defense — to decide on Duterte’s condition.
The prosecution also urged the judges to order further medical examinations, ideally by experts who have experience not just in the fields relevant to Duterte's medical conditions, but those with "forensic experience in the issue of fitness to stand trial" and "in providing expert reports and testimony before various courts."
Such experts, the filing said, should also be “familiar with legal proceedings in general and sufficiently familiar with proceedings at this Court, or at other international courts or tribunals," the prosecution said.
They should also be able to recommend “any specific measures or adjustments that can be applied to facilitate Mr Duterte’s participation in the proceedings," it added.
The ICC prosecution added that while a short adjournment might be warranted, the proceedings should not be delayed indefinitely, and a ruling on Duterte’s fitness should be reached in time to allow a confirmation of charges hearing within the year.
The fitness question has resulted in the ICC pre-trial chamber's decision to postpone the confirmation of charges hearing, which was originally set September 23.
This hearing would determine if there is enough evidence to proceed to the actual trial.
Lawyers representing the alleged drug war victims have expressed dismay over the postponement and believe the claim of poor health is another one of the former president's attempts to delay and defer the proceedings.
At least 303 alleged drug war victims have signified their intent to participate in proceedings against Duterte, according to ICC records.
Duterte is accused of committing crimes against humanity over his bloody drug war that claimed more than 6,000 lives.
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