ICC Prosecution seeks medical experts to assess Duterte’s trial fitness
MANILA, Philippines — The International Criminal Court (ICC) Prosecution is requesting the formation of a multidisciplinary panel of medical experts to assess former President Rodrigo Duterte’s condition and his capacity to understand and participate in the ongoing proceedings related to his crimes against humanity case.
In a nine-page document dated October 9 and filed before ICC Pre-Trial Chamber I, Deputy Prosecutor Mame Mandiaye proposed appointing a multidisciplinary panel to assess Duterte’s fitness to stand trial. She said the panel should include at least three experts in forensic psychiatry, neuropsychology, and behavioral neurology.
READ: ICC rejects Duterte release plea, cites flight risk
Niang said the appointed experts should be instructed to determine and assess:
- whether and, if so, at what level Duterte suffers from any medical condition which might affect his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing
- whether any special measures or adjustments are recommended to address any medical conditions of Duterte, also in light of any prognosis, during the pre-trial proceedings, including the confirmation of charges hearing
The document detailed that the appointed experts should be directed to assess whether Duterte is able to meaningfully exercise his procedural rights, including the capacity to do the following:
- understand the purpose, including the consequences of the proceedings
- understand the course of the proceedings, including the nature and significance of pleading to the charges
- understand the evidence
- testify or give an unsworn statement, should the accused so choose
- Instruct counsel in the preparation and conduct of his defense
Earlier, Duterte’s legal counsel, Nicholas Kaufman, told the ICC that Duterte was suffering from cognitive deficiencies and at present was unable to recall events, places, and even members of his close family and defense team. /atm
With this, the former president’s defense team appealed for an “indefinite adjournment” of all legal proceedings against Duterte, but this was rejected by the ICC Pre Trial Chamber I itself, saying he could “elude prosecution” with his history of threatening witnesses while his family continued to wield power and influence in the Philippines.
The ICC currently has custody of Duterte after he was arrested and sent to The Hague for crimes against humanity he allegedly committed during his administration’s bloody war against drugs.
The anti-drug campaign dubbed as Oplan Tokhang left at least 6,000 people dead but human rights groups have reported at least 20,000 killed./dm/mcm
