MANILA – Former President Rodrigo Duterte’s lawyer has asked the International Criminal Court (ICC) to suspend proceedings against him, claiming the 80-year-old leader is now mentally unfit to stand trial due to severe memory loss.
Defense counsel Nicholas Kaufman, in a redacted filing, told the ICC that Duterte’s condition has left him incapable of performing basic cognitive tasks required for his defense.
“In fact, he is not even able to process the reasons for his detention,” Kaufman said.
The ICC had set September 23 for the confirmation of charges hearing against Duterte, but the schedule was pushed back after his legal team informed the court of his deteriorating mental health.
Kaufman explained that Duterte can no longer recall events or recognize even his closest family members and defense team.
“With his impaired memory and concomitant inability to retain new information or to recall events, places, timing or even members of his close family and defense team, Mr Duterte is unable to fully understand the nature and implications of the proceedings conducted against him,” Kaufman said.
“His deficient memory also entails an inability to follow the litigation and to make informed decisions. Consequently, and crucially, Mr Duterte is unable to contribute to his own defence, rendering his participation in the proceedings totally ineffective,” he added.
The defense also warned that Duterte’s health condition is unlikely to improve with treatment.
“[REDACTED] Mr. Duterte’s pathology clearly suggests that ‘a trial and continued detention […] would also not serve the interests of justice.’ In these circumstances, the pursuit of legal proceedings against a [REDACTED] incapacitated individual must be terminated,” Kaufman further argued.
Duterte is currently detained at the Scheveningen Prison in The Hague on charges of crimes against humanity over the bloody anti-drug campaign he waged as Davao City mayor and later as president.
Official data show over 6,000 suspects were killed in police operations under Duterte’s watch, while human rights groups claim the figure could be as high as 30,000, including undocumented cases.
The former president had earlier asked the ICC to grant him interim release to another country under certain conditions./PN
