THE prosecution at the International Criminal Court (ICC) has called for the resumption of proceedings on the confirmation of charges against former President Rodrigo Duterte, saying the defendant was “feigning cognitive impairments in an attempt to avoid trial” for alleged crimes against humanity in his bloody but failed drug war.
The prosecution, in a nine-page motion submitted to the Pre-Trial Chamber I on Thursday, cited medical evaluations that found Duterte fit to stand trial.
“The Prosecution submits that based on the unanimous findings of the Experts’ Reports, the Chamber has the necessary information to conclude that Mr. Duterte is fit to take part in the pre-trial proceedings, and accordingly, schedule the resumption of the proceedings on the confirmation of charges,” the motion read.
The document was penned by Deputy Prosecutor Mame Mandiaye Niang.
The prosecutors asserted that a panel of experts who examined Duterte found him to be an “unreliable historian” of his health and mental capacities.
“Mr Duterte was underperforming while being assessed. For instance, Dr [REDACTED] used the ‘coin in hand test’ which, as described in his report, is announced as a test for ‘short-term memory’, but is actually a ‘floor’ test that is ‘very simple even for an individual with moderate to severe memory impairment,’” the document stated.
“As a result of this and other tests used to assess underperformance, all three experts concluded that Mr Duterte’s subjective complaints regarding his health and mental functions are unreliable,” it added.
The Prosecution also argued that experts “unanimously agreed” that Duterte possessed the capacity to understand the charges and evidence against him, comprehend the conduct and possible consequences of the pre-trial proceedings, and provide instructions to his legal counsel.
The ICC ordered the medical evaluation after Duterte’s lawyers requested last August an indefinite adjournment of the case, citing concerns over their client’s health.
The ICC Registry appointed three medical experts in September and added a fourth the following month. The panel submitted its findings on Dec. 5.
To accommodate Duterte’s physical concerns, the prosecution deferred to the Chamber’s discretion regarding several proposed modifications to the court schedule.
The medical panel and the Detention Centre’s Medical Officer recommended limiting court attendance to four days a week with no more than two consecutive hearing days.
They also suggested starting sessions after 10 a.m., holding no more than two sessions per day, and keeping each session to 90 minutes with adequate breaks in between.
They recommended providing nutritious food suited to Duterte’s cultural preferences and offered guidance on how he should be questioned or provided information.
The prosecution concluded its submission by urging the Chamber to schedule the resumption of the confirmation of charges hearing “immediately.”
The Office of Public Counsel for Victims (OPCV) earlier urged the ICC to proceed with the hearing, saying a panel of medical experts unanimously found him fit to take part in the proceedings.
