The International Criminal Court (ICC) is expected to determine by January whether former president Rodrigo Duterte is fit to stand trial, ICC assistant counsel Kristina Conti said Sunday.
Conti said in a Super Radyo dzBB interview that the ruling is likely to come in January and will determine whether Duterte is capable of standing trial and facing the case against him.
Conti made the statement after a panel of experts who examined the former president’s medical condition found that Duterte can fully engage and participate in ICC pre-trial proceedings.
The ICC Pre-Trial Chamber I had earlier set December 5 as the deadline for the panel of experts to submit a report on Duterte’s medical examination, following the defense’s request for an indefinite adjournment of the proceedings.
Defense lawyer Nicholas Kaufman told the ICC that Duterte is unable to recall events, places, times, or even members of his close family, adding that the 80-year-old former leader lacks the capacity to apply the cognitive skills essential for the proper conduct of his defense.
Conti pointed out that the ICC would not seek Duterte’s arrest if the case were not trial-ready, saying the prosecution has strong and solid evidence and would not apply for a warrant of arrest unless the case is ready for trial.
Meanwhile, defense lawyers for former president Rodrigo Duterte have asked ICC judges to order the issuance of an independent medical report to prove that the former Philippine leader’s deteriorating health makes him physically incapable of fleeing or obstructing justice.
Kaufman filed the motion, arguing that Duterte’s frail and infirm condition has effectively neutralized the risks typically cited to justify pre-trial detention.
“The Pre-Trial Chamber is requested to order the Medical Panel to issue a report focusing on whether Mr. Duterte’s current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes,” the eight-page document read in part.
The motion was contained in an urgent filing by the defense panel titled “Defence Request for an Expert Report on Article 58(1)(b) Risk Factors,” which Duterte’s lawyers submitted on Friday.
