MANILA — Lawyers for former president Rodrigo Duterte said they will challenge the ruling of the International Criminal Court (ICC) that cleared him to take part in pre-trial proceedings, arguing that the process leading to the decision violated his rights.
Lead defense counsel Nicholas Kaufman announced that the team will seek permission to elevate the issue to the ICC Appeals Chamber following the release of the ruling by Pre-Trial Chamber I on January 26.
“The Defence will seek leave to appeal today’s decision on the grounds that Mr. Duterte was denied due process,” Kaufman said in a statement.
The ICC rejected Duterte’s request to indefinitely postpone the proceedings on the grounds of alleged cognitive impairment.
In a 25-page ruling, judges said medical experts found the former president capable of understanding the charges, participating in hearings, and directing his legal team, even if his abilities are not at their peak.
The court said its findings were based on an independent medical review conducted by a three-member panel with expertise in forensic psychiatry, neuropsychology, and geriatric and behavioral neurology.
While the panel acknowledged Duterte’s medical conditions, the judges said these do not prevent him from meaningfully engaging in the legal process, particularly if accommodations are provided.
The chamber also emphasized that safeguards were put in place to preserve the neutrality of the medical evaluation.
Despite this, Duterte’s legal team rejected the panel’s credibility and raised concerns about how the assessment was conducted.
“The appointed panel was, in our opinion, anything but independent. After selecting and then revoking the appointment of two wholly unsuitable candidates – one of whom was under active suspension and the other a rabid social media troll – the judges settled on professionals from a shortlist crafted by the Registry,” Kaufman said.
“Thereafter, the judges refused to entertain the reports supplied by the Defense’s own experts without motivation and denied a hearing in which the Defense could question the appointed professionals in order to clarify the numerous inconsistencies arising out of their individual reports,” he added.
Kaufman also said the defense was prevented from fully presenting its case.
“The Defense was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” he said.
The ICC is set to hold a confirmation of charges hearing on February 23. The proceeding will determine whether prosecutors have presented enough evidence for the case to proceed to trial.
Prosecutors accuse Duterte of three counts of crimes against humanity linked to killings carried out during his anti-drug campaign, both while he was mayor of Davao City and later as president.
If the ICC Appeals Chamber allows the defense to proceed with its challenge, it would be the third appeal filed in the case. The chamber has already rejected Duterte’s request for interim release and is still reviewing a separate appeal questioning the court’s jurisdiction./PN
