The Pre-Trial Chamber of the International Criminal Court (ICC) announced Monday its decision finding former President Rodrigo Duterte fit to take part in the pre-trial proceedings.
In a 25-page public redacted version of the decision, the chamber decided to resume the proceedings relating to the confirmation of the charges in the case.
The ICC explained that after the medical assessment of the independent experts and all of the relevant circumstances of the case, the chamber was satisfied that former President Duterte is able to exercise his procedural rights.
“As a part of its overall assessment of whether Mr Duterte is fit to participate in the pre- trial proceedings, the Chamber notes that the Defence avers that it is not in dispute that ‘Mr Duterte understands the nature of the criminal process, the role of the parties therein, and the concept of the charge of murder’, that he is able to enter a plea and that he ‘is capable of drawing on his personal long-term memory, to a limited degree, in order to recall major milestone events earlier in his life and aspects of his mayoral governance policy’,” the decision reads.
The chamber also rejected the request of Duterte’s defense team for indefinite adjournment as well as its request to hold a hearing with the medical experts in view of its finding that Duterte “is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings.”
The commencement of the confirmation of charges hearing is scheduled next month, February 23.
Meanwhile, the parties were ordered to submit objections and observations not later than February 16.
In an interview with Manila Standard, ICC-accredited lawyer Gilbert Andres said the drug war victims welcome this development.
“The ‘war on drugs’ victims are grateful and welcome these positive developments that the Chamber finds Mr Duterte fit to take part in the pre-trial proceedings and that the confirmation of charges will commence on February 23,” he said.
“For the victims, the February 23 confirmation hearing is the first step in their quest to attain justice and the truth, for their murdered family members in the ‘war on drugs’,” he added.
For her part, ICC assistant to counsel Kristina Conti said the decision marks an end to “some uncertainties” in the case.
Conti noted that during the confirmation of charges hearing, the exact scope of charges will be discussed including the proposal submitted by the prosecution in July 2025.
“Nonetheless, the victims are still urging the prosecution and court to expand the acts attributable to Duterte from killings to the whole range of crimes – imprisonment, torture, and other inhumane acts – as part of the general charge of crimes against humanity,” she said.
“This should also end the drama about an old and frail man; the Court clearly finds that Duterte is a perceptive person who has a broad understanding of what he has been charged with,” Conti added.
She stressed that they are now relieved that the former president has functional mental capacities despite the alleged medical conditions.
