MANILA – A group of court-appointed medical specialists has found former President Rodrigo Duterte capable of taking part in proceedings before the International Criminal Court (ICC), despite claims by his camp that he is suffering from cognitive impairment.
In a document made public on December 18, the ICC Pre-Trial Chamber I disclosed that three independent physicians separately examined and evaluated Duterte over a period spanning October 8 to November 18. The experts were tasked with determining whether the former leader is mentally and physically able to engage in pre-trial processes, including the confirmation of charges hearing.
The panel reached the same conclusion after completing their assessments.
“Upon completion of their assessments, panel members individually reached the same overall conclusion that, while frail and elderly, Mr. Duterte nevertheless possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights,” the document stated.
The experts likewise agreed that Duterte remains capable of understanding the accusations against him, the evidence presented, and the nature and purpose of the ICC’s pre-trial proceedings. They also said he can provide instructions to his legal team in preparing his defense.
“These findings are clear and unanimous, and should be relied upon the Chamber as authoritative, to determine that Mr. Duterte is fit to stand trial,” the document added.
Duterte’s legal team, however, is seeking further review before the court issues a final ruling on his fitness. His counsel, Nicholas Kaufman, argued that there were inconsistencies in how the experts arrived at their conclusions and questioned whether the panel fully considered the complexity of ICC proceedings.
“While the experts pronounce on Mr. Duterte’s rudimentary ability to engage in a criminal process, it is not clear what they actually know, if at all, about the complex nature of confirmation proceedings at the ICC, which require a suspect to be familiar, through his defence, with thousands of items of evidence comprising an investigation dating back more than four years,” Kaufman said.
“For this reason, the Defence seeks an evidentiary hearing whereby the parties will be able to clarify the conclusions of the experts, the reasons for such conclusions, the methodology adopted during the interviews, and the means whereby instructions were communicated to them,” he added.
The Pre-Trial Chamber has yet to rule on the defense’s request as it considers whether to proceed with the next stage of the case./PN
