ICC: Duterte Fit For Pre-Trial Proceedings
The International Criminal Court Pre-Trial Chamber I unanimously denied the defense’s request to indefinitely adjourn the proceedings due to former president Rodrigo Duterte’s supposed cognitive impairment.
After months of delay, the confirmation of charges against former president Rodrigo Duterte will finally push through next month after International Criminal Court judges found him fit to participate in pre-trial proceedings.
In a 25-page decision released on Monday, Jan. 26, the ICC Pre-Trial Chamber I unanimously denied the defense’s request to indefinitely adjourn the proceedings due to Duterte’s supposed cognitive impairment.
It relied on reports submitted by the independent panel of medical experts, which was formed to determine Duterte’s fitness to participate in pre-trial proceedings.
“Having carefully considered all of the relevant circumstances of the case, in particular the expert opinions provided by the panel, and the defense’s observations thereon, the Chamber finds the conclusions of the panel to be reliable,” the decision read.
“Read holistically… the Chamber is satisfied that Mr. Duterte does have the ability to understand the charges against him and is able effectively to exercise his procedural rights,” it added.
According to the judges, they were satisfied that Duterte is fit to participate in pre-trial proceedings, which will resume with “certain measures” put in place to assist the former president, “as advised by the medical opinions received by the Chamber.”
The judges scheduled the confirmation of charges hearing to begin on Feb. 23.
It was originally scheduled to start last Sept. 23, but the hearing was postponed due to the defense’s request for adjournment.
In their ruling, the pre-trial judges rejected the defense’s arguments that the medical experts’ findings cannot be considered as “dispositive” due to supposed contradictions.
“In making submissions relating to Mr. Duterte’s memory, the defense takes individual findings of members of the panel out of context. The defense relies upon certain results in tests undertaken by the experts to argue that he has a severely impaired memory,” said the judges.
“The Chamber finds persuasive the holistic approach adopted by the experts in their assessment of Mr. Duterte and accepts the resulting clear and unanimous conclusions which they draw in relation to his capacities to meaningfully exercise his procedural and fair trial rights,” they added.
