An independent panel of medical experts appointed by the International Criminal Court has found former president Rodrigo Duterte fit to participate in pre-trial proceedings, including the postponed confirmation of charges hearings, court filings showed. Both the ICC prosecutor and Duterte’s lawyers confirmed that the panel deemed him “competent for the purpose of the pre-trial proceedings.” However, his legal team challenged the findings over internal inconsistencies.
In Manila, Philippines, an independent panel of medical experts appointed by the International Criminal Court examined former president Rodrigo Duterte and found him fit to participate in pre-trial proceedings, including the postponed confirmation of charges hearings, as shown in court filings.
The panel concluded that, although frail and elderly, Duterte possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights. In a nine-page observation released on Thursday, ICC deputy prosecutor Mame Mandiaye Niang urged the ICC Pre-Trial Chamber I to determine that Duterte is “capable of meaningfully exercising his procedural and fair trial rights, and that he is fit to participate in the pre-trial proceedings, including the confirmation hearing.” “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,” Niang wrote. He also called for the resumption of proceedings on the charges against the former president.
However, Duterte’s lawyer Nicholas Kaufman, in a 12-page observation, maintained that while the former president is “capable of drawing on his personal long-term memory,” his short-term memory is impacted and “he cannot retain information for more than a short space of time.” Kaufman challenged the panel’s findings, noting that the means by which each member reached their conclusions were in “conflict with those of the others.” “Such internal inconsistencies undermine the overall weight of the general joint conclusion on fitness. Before rendering a decision on the matter, the Pre-Trial Chamber must seek further clarification,” Kaufman said. He requested an “evidentiary hearing” to clarify the experts’ conclusions.
Both the ICC prosecutor and Duterte’s lawyers confirmed the panel's overall finding of competence for pre-trial proceedings. One report added that he can undergo trial with accommodations like regular breaks and preferred food.
