ICC prosecutor opposes indefinite postponement of Duterte trial on NewsLine Philippines - Building Information Highway for the Community
MANILA (September 13) — Prosecutors at the International Criminal Court have urged judges to deny former President Rodrigo Duterte’s request to halt proceedings concerning his health indefinitely, stating that while a brief postponement might be justified, the case must proceed with a determination regarding his suitability for trial by the end of 2025.
In a document released on Thursday, September 11, ICC Deputy Prosecutor Mame Mandiaye Niang stated that the defense’s worries that Duterte cannot stand trial due to his present health issues are “not sufficient, on their own, to form the Chamber’s decision on the matter.”
According to the petition submitted on August 28, the prosecution is presently working with its own expert and has requested that the court order more medical evaluations to ascertain whether the 80-year-old is capable of taking part in the proceedings.
Duterte was “not fit to stand trial” because of severe cognitive deficiencies, according to the defense’s prior plea for an indefinite suspension of the proceedings against him.
In the redacted version of the document made public, Nicholas Kaufman, Duterte’s attorney, stated that the former president would “not be able to fluently recall information from the period relevant to the case, such as to be able to testify.”
Duterte’s “impaired memory and concomitant inability to retain new information or to recall events, places, timing, or even members of his close family” and his own defense team, according to Kaufman, are the cause of his problems.
The ICC prosecution retorted, however, that these conclusions were unclear about which standards they adhered to and did not demonstrate that Duterte was unable to effectively exercise his right to a fair trial.
The prosecution stated in the publicly redacted version of the file that “the proceedings against Mr. Duterte cannot be ‘adjourned indefinitely’ on the sole basis of the reports” that the defense had presented.
The filing emphasized that the chamber, not the defense, will eventually determine Duterte’s condition.
Additionally, the prosecution asked the judges to order additional medical examinations, preferably from experts with “forensic experience in the issue of fitness to stand trial” and “in providing expert reports and testimony before various courts,” in addition to those with expertise in the fields pertinent to Duterte’s medical conditions.
The prosecution stated in the filing that these experts should also be “sufficiently familiar with proceedings at this Court, or at other international courts or tribunals, and familiar with legal proceedings in general.”
“Any specific measures or adjustments that can be applied to facilitate Mr. Duterte’s participation in the proceedings” should also be something they can suggest, the statement continued.
A brief adjournment may be necessary, but the proceedings shouldn’t be postponed indefinitely, the ICC prosecution stressed, adding a decision regarding Duterte’s suitability should be made in time for a hearing on the confirmation of charges to take place within the year.
The ICC pre-trial chamber decided to postpone the confirmation of charges hearing, which was initially scheduled for September 23, due to the fitness question.
The purpose of this hearing is to decide whether there is sufficient evidence to move forward with a trial.
Lawyers for alleged drug war victims have expressed disappointment with the postponement, believing that the claim of poor health is yet another attempt by the former president to prolong and defer the proceedings.
According to ICC records, at least 303 alleged victims of the drug war have registered their wish to participate in the proceedings against Duterte.
Duterte is facing charges of crimes against humanity for his merciless drug war, which claimed the lives of nearly 6,000 individuals.
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ICC prosecutor opposes indefinite postponement of Duterte trial
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